HomeMy WebLinkAboutAgenda Packet City Council - 02/19/2008CITY COUNCIL AGENDA
FEBRUARY 19, 2008
11:45 A.M. -- Proclamation declaring the week of February 1 — 23, 2008 as "National League of United
Latin American Citizens (LULAC) Week"
Proclamation declaring the month of February 2008 as "African American History Month"
Recognition of 2007 City of Corpus Christi Vehicle Roadeo Contest Champions
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL X111EETIN
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
PARR
CORPUS CHRISTI, TEXAS 78401
FEBRUARY 19, 2008
10 :00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHo1 s AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS S D RING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 . m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to
your subject, please present it to the City Secretary.
Si Listed desea dirrgir a al Concilio y eree clue su ingl s es limitad , habra urn int r rete in l s -es arfol en togas las juntas
del Concilio Para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office at 361-826-3105) at least 48 hours in advance so that approptiate arrangements can be
made.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be given by Father Peter Martinez, St. Cyril Methodius Catholic Church.
c. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor nor Henry Garrett
Mayor Pr Tern Bill Kelly
Council Members
Melody Cooper City Manager George K. Noe
Larry Eli undo, Sr. City Attorney Mary Kay Fischer
Mike Hummel! City Secretary Armando Chapa
Priscilla G. Leal
Michael M Cut hon
John E. Marez
Nelda Martinez
E. MINUTES: (NONE)
Agenda
Regular r Coun it Meeting
February 19, 2008
Page 2
CITY COUNCIL
PRIORITY _ ISSUES
(Refer to legend at the end of the
agenda summary)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 1
1.
Committee for Persons with Disabilities
'
Community Youth Development (7841 Program
Steering Committee
Landmark Commission
Library Board
G. EXPLANATION F COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action
specified. A motion to reconsider may be made at this meeting of a
vote at the last regular, or a subsequent special meeting; such
agendas are incorporated herein for reconsideration and action on any
reconsidered item.
H. CITY MANAGER'S REPORT
Upcoming items
1. CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and or it
has been discussed at a previous meeting. All items will be acted upon by
one vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items
not requiring separate discussion have been acted upon. The remaining items
will be adopted by one vote.
CONSENT MOTIONS RESOLUTIONS NS I DINAN ES AND ORDINANCES
FROM PREVIOUS I US MEETIN S:
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration)
Agenda
Regular Council Meeting
February 19, 2008
Page 3
CITY COUNCIL
PRIORITY_ ISS ES
(Refer to legend at the end of the
agenda summary)
2.a. Resolution authorizing the City Manager or his designee to
accept a grant from the Coastal Bend Regional Advisory Council
in the amount of $8,299.84 to be used for the purchase of
equipment, supplies, and services to support the delivery of
emergency medical services for the Corpus Christi Fire
Department, (Attachment # 2)
2.b. Ordinance appropriating $8,299.84 from the Coastal Bend
Regional Advisory Council into the No. 1 6 Ambulance Fund to
purchase equipment, supplies, and services to support the
delivery of emergency medical services from the Corpus Christi
Fire Department. Attachment # 2)
3. Resolution authorizing the City Manager or his designee to
submit a Juvenile Accountability Block Grant application to the
State of Texas, Office of Governor, Criminal Justice Division in
the amount of $19,874.14 for anti - shoplifting program for the
Municipal Juvenile Court, with a City match of $1,208.24 in the
No. 1020 General Fund, and total project cost of $12,082.88.
(Attachment # 3)
4.a. Ordinance authorizing the City Manager or his designee to
execute a five -year lease with Pat McDonough, Jr. beginning
September 1, 2007 for crop farming on approximately 359.45
acres located at the Corpus Christi International Airport in
consideration of the payment of an annual fee of $89 per acres.
(Attachment # 4)
4.b. Ordinance authorizing the City Manager or his designee to
execute a five -year lease with James P. Kelly beginning
September 1, 2007 for crop farming on approximately 533.287
acres located at the Corpus Christi International Airport in
consideration of the payment of an annual fee of $50 per acres.
(Attachment # 4)
4,c, Ordinance authorizing the City Manager or his designee to
execute a five -year lease with Tommy M. Bernsen and Dolores
H. Bernsen beginning September 1, 2007 for crop farming on
approximately 336.78 acres located at the Corpus Christi
International Airport in consideration of the payment of an annual
fee of $50 per acres. (Attachment ## 4)
Agenda
Regular Council Meeting
February 19, 2008
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary
4.d. Ordinance authorizing the City Manager or his designee to
execute a five -year lease with James Charles Bernsen beginning
January 1, 2008 for crop farming on approximately 244.12 acres
located at the Corpus Christi International Airport in
consideration of the payment of an annual fee of $80 per acres.
(Attachment # 4)
5. Motion authorizing the City Manager or his designee to execute
a contract with HDR Engineering, Inc. in the amount of $88,500
for consulting services associated with Pre - Planning of
Emergency Recovery Operations. (Attachment # 5)
6. Motion authorizing the City Manager to execute a Development
Agreement with The Preserve at Mustang Island, LLC
(Developer), to establish development requirements mixed
use residential project located north of Zahn Road, adjacent to
the Gulf of Mexico on Mustang Island. (Attachment # 6)
7. Second Reading Ordinance — Enacting new Article IV of Chapter
13, Code of Ordinances, entitled "Vacant Downtown Buildings;"
establishing properly maintenance, security, and monitoring
provisions required for vacant downtown properties; establishing
downtown vacant building registration and inspection
requirements; establishing fees; establishing enforcement
provisions; providing an effective date; providing for penalties;
and providing for publication. (First Reading 02/12/08)
(Attachment ## 7)
8. Second Reading Ordinance - Abandoning and vacating a
241638.46- square foot portion of the Whataburger Way public
street right-of-way, located between the Gollihar Road and
Mildred Drive street rights -of -way; subject to compliance with the
specified conditions. (First Reading 02/12/08) (Attachment # 8)
J. PUBLIC HEARINGS:
ZONING CASES:
9. Case No. 0108 -02, Ronald „floss: A change of zoning from a
"F -R" Farm -Rural District to an "1 -2" Light Industrial District
resulting in a change of land use designation from agricultural to
light industrial on 14.899 acres (Tract 1 ) and 2.000 acres
Agenda
Regular Council Meeting
February 19, 2008
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
(Tract 2) both out of Bohemian Colony Lands, Lot 7, Section 14,
located on Greenwood Drive approximately ately 1275 feet south of
Saratoga Boulevard. (Attachment # 9)
Planning nning Corm iss_ or &_I!_Ipommend1pn: Approval of
the "1-2" Light Industrial District on Tracts 1 and 2.
ORDINANCE
Amending the Zoning Ordinance, upon application by Ronald A.
Voss, by changing the zoning map in reference to 14.899 acres
(Tract 1) and 2.000 acres (Tract 2) out of Lot 7, Section 14,
Bohemian Colony Lands, from "F -R" Farm -Rural District to "1 -2"
Light Industrial District; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive
Plan; providing a repealer clause; providing a penalty; providing
for publication.
10. Case No. 1207-01_, Scott Electric Co., Inc.: A change of zoning
from a "R -1 B" One-Family Dwelling District to an "1-2" Light
Industrial District resulting in a change of land use from
residential to light industrial on property described as Shoreline
Park Addition, Lots 9 through 11, Block 8, located on Dempsey
Street, approximately 10 feet west of North Port Avenue.
(Attachment # 10)
Planning Commission & Staffs Recommendation: Denial of an
"1-2" Light Industrial District, and in lieu thereof, a Special Permit
to allow for the construction and operation of an outdoor vehicle
storage yard subject to a site plan and six (6) conditions.
ORDINANCE
Amending the Zoning Ordinance, upon application by Scott
Electric Co., Inc., by changing the zoning map in reference to
Shoreline Park Addition, Lots 9 through 11, Block 8, from "R -1 B"
One-Family Dwelling District to "R-1 SP" One-Family Dwelling
District with a Special Permit to allow for construction and
operation of an outdoor vehicle storage yard, subject to a Site
Plan and six (6) conditions; amending the Comprehensive Plan
to account for any deviations from the existing Comprehensive
Plan; providing a repealer clause; providing a penalty; providing
for publication.
Agenda
Regular Council Meeting
February 19, 2008
Page
K.
CITY COUNCIL
PRIORITY _ISSUES
(Refer to legend at the end of the
agenda summary)
REGULAR AGENDA (NONE)
CONSIDERATION SIDEF ATION of MOTIONS, RESOLUTIONS, S, AID ORDINANCES:
L. PRESENTATIONS:
Public comment will not be
11. Health Plan Overview
(Attachment # 11)
solicited on Presentation items.
and RFP Process and Progress
M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED_ ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 1Y 12:00 P.M. OR AT THE END of THE
COUNCIL MEETING WHICHEVER IS EARLIER. PLEASE
jJ.1T _ PRESENTATIONS TO THREE MINUTES, IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC.
(A recording is made of the meeting; therefore, please speak into the
microphone located at the podium and state your name and address. if you
have a petition or other information pertaining to your subject, please present it
to the City Secretary.)
�i usted se dirige a la junta y cree que su ingls es limitado, habra un
intrrete ingls- esparol en la reunion de la junta Para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE IENCE S ALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL S'ONAL L ISR SPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZENS FIRST AMENDMENT RIGHTS.
N. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. in the event the council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
Agenda
Regular Council Meeting
February 19, 2008
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
12. Executive session under Texas Government Code Section
551.071 regarding fire collective bargaining negotiations, with
possible discussion and action related thereto in open session.
O. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and staff;
constituent conceals; current topics raised by media; follow-up on staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city - related matters.
13. MAYOR'S UPDATE
14. COUNCIL AND OTHER REPORTS
P. ADJOURNMENT:
POSTING STATEMENT:
T:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at p.m., February 13,
2008.
Armando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at viww.ccte cas.corn after 7 :00 p.m. on the
Wednesday before regularly scheduled council meetings.
if technical problems occur, the agenda will be uploaded
on the Internet by Thursday morning,
Symbols used to highlight action items that implement
council goals are on attached sheet.
City Council Goals 2007 -2009
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1PUS C
Develop Street Plan
Texas A &M University—Corpus Christi
Expansion
Neighborhood improvement Program
(N1P) and Model Block Expansion
Development Process Improvement
Bond 2008
Coliseum Plan
Master Plan Updates
Improve Code Enforcement
1
COMMITTEE FOR PERSONS WITH DISABILITIES — Four vacancies with
terms to 2-01-10.
DUTIES: To carry on a program to encourage, assist and enable persons with disabi
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. N. % OF ATTENDANCE
NAME THIS TERM PRESENT LAST TERM YEAR
Abel Alonzo 12 11 92%
Rosa M. Valdez 10 (2exc)
OTTER INDIVIDUALS EXPRESSING INTEREST
Chon -Kyun Kim
Rebecca Esparza
Thomas E. Dreyer
Norma Jean Franklin
Andrea B. Green
Assistant Professor, Texas A &M University - Corpus
Christi. Received B.A. in History from Kyunghee
University, Seoul, South Korea, M.P.A. in Public
Administration, Korea University, Seoul, South Korea, and
Ph.D. in Political Science, State University of New York at
Binghamton. Recipient of Research Grant, Tuition
Scholarship and Graduate Teaching Assistantship and
International Student Grant -in --Aid Award. (544-07)
Public Relations Consultant. Received Associate in Arts,
Journalism from Del Mar College, Bachelor of Business
Administration, Marketing and Master of Business
Administration from University of the Incarnate Word, San
Antonio. Activities include: Board Member — American
Cancer Society and Co- founder and co- facilitator, M.D.
Anderson Cancer Support Group. (11-8-07
Received M.A. in Psychology. Member of the Veterans
Band of Corpus Christi. (9-10-07
Student, Texas A &M University - Corpus Christi. Received
AA Degree from Del Mar College. (9-21-07)
Tax Professional, H & R Block. Received B.A. from
Mount Holyoke College, South Hadley, Massachusetts, and
M.S. from Syracuse Universi
Susanne M. Lunsford
Irene Martinez
Roy Ortega, Jr.
Signing Agent — Notary Public, Notary on Wheels.
Attended College and Received Enhanced Education from
ATT Communications, unications, Wilson Training School, Escrow
and Title Association. Activities include: Secretary -
Padre Island Rotary Club, Padres Island Business
Association Member, National Notary Association
Member, National Association of Realtors and Forman
Education Training Volunteer. (1-9-08)
Disability Program Navigator, Work Source. Received
Associate in Mental Health from Del Mar College and
BAAS Degree from University of Incarnate Word.
Activities include: Volunteers and Attends Meetings
Regarding Individuals with Disabilities. (648-07)
Owner, Victorian Hall LLC. Attended numerous Tech
Schools and Symposiums. Interested in community
involvement. (9-25-07)
Nova Shields Operations Manager, MV Transportation. (8-30-07
Willis B. Vickery
Jonathan Wagner
Retired. Substitute Teacher in Special Education for
Corpus Christi Independent School District. Ticket Taker at
Whataburger Field and American Bank Center. Received
B.S. in Education and M.S. in Supervision and
Administration. (1241-07)
Consultant, Neighbor Works America. Received MBA —
Business Management. Activities include: Secretary of
Homeless Issue Partnership and Chairman Elect of the
Coastal Bend Council of Governments Advisory board.
Former Administrator for Community Development for
City of Corpus Christi, 2003-2006. (5-29-07
COMMUNITY Y UT V OPM NT 78415 PROGRAM STEERING
COMMITTEE — Nine (9) vacancies with terms to 8 -31 -08 and 8-31-09, 5 must be
representing the 78415 Zip Code Area and 1-Youth. (Since the term ends 8-31 -08, it is
recommended that the appointment be for a new tiro -year term ending 8-31-10.)
(Note: Staff is recommending that the Youth vacancy be p nee until additional
resumes are received)
DUTIES: To advise the City Council on a periodic basis, as requested by the City
Council, regarding the progress of the Community Youth Development Program and
make recommendations to the City Council on items pertaining to the Community Youth
Development Program.
COMPOSITION: Eleven 11 voting members with two-year, staggered terms. The
officers of the committee shall be residents of the 78415 zip code area. Terms are for two
years. State guidelines require that at least 51% of the collaborative steering committee
members must be community residents or people closely connected to the community
who are not social service providers. Two of the voting members ers shall be youth involved
in the Youth Action Committee. State guidelines also require that no members of the
committee may be related to each other. State guidelines also rgnir e that no
individual who is employed by the Fiscal Agent (City of Corpus Christi) or any
organization submitting a proposal for funding- through the CYD Pro ' ram or their
immediate family member s, may serve on tht committee. An expiration date for this
committee was set as August 31, 2005, unless funds for the program end sooner.
ORIGINAL
MEMBER TERM APPTD. T. DATE
* ** *Kimberly Riggans (78415 Resident), Chair 8-31-08 4 -20 -04
***Ellie Cardona (78415 Resident) 8 -31 -08 1-16-07
*Anna Marie Cortez (78415 Resident) 8 -31 -07 -24-05
Larry E. Rast 8 -31 -8 2-21-06
****Ana Galvan (78415 Resident) 8 -31 -08 2- 21-06
*Rosa "Linda" Copado Rincon (78415 Res.) 8-31-07 1-16-07
****Tammy R. Maness (78415 Resident) 8 -31 -09 3 -20 -07
*Diana Mesa (78415 Resident) 8 -31- 5-24-05
***Maria Teresa Lopez (78415 Resident) 8 -31 -08 2 -21 -06
Katie Childs (Youth) (78415 Resident) iden) 8-31-08 10-11-05
** * *Troy Clark (Youth) (78415 Resident) 8-31-09 3 -20 -07
Legend:
*Seeking reappointment
**Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NAME
NO. OF MTGS.
THIS TERM
Anna Cortez (78415) 4
Rosa "Linda" Rincon (78415) 4
Diana Mesa (78415) 4
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR
4 100%
4 100%
4 100%
OTHER INDIVIDUALS EXPRESSING INTEREST
Jim Boller, ITT
Sherri Darveaux
Andrea B. Green
Rick Greenfield
Linda Moyer
President /Owner, Jim Boller & Associates, Inc and
President of Banking Associates, Inc. Received BS in
Education/Business and Minor in Economics. Recipient of
#1 Salesman in the Nation for Hallmark Cards and Mosier
Safe Company. (12-31-07
Retired, Former Librarian, Engineering Training
Developer, and Trainer Business Software Applications.
Received Master of Arts in Education, from University of
Texas at San Antonio, Texas and Master of Library Science
from University of Arizona. Attended Executive Program
at Anderson Graduate School of Business, University of
California, Los Angeles. Activities include: Member of
National Library Science Honor Society and Local
Antiquing Group. (1-25-08
Tax Professional, H & R Block. Received B.A. from
Mount Holyoke College, South Hadley, Massachusetts, and
M.S. from Syracuse University, Syracuse, New York.
Activities include: Southside Evening Toastmasters. (1-9-
-
08)
Program Manager Engineering Services, MANCON, COT, Inc.
Received A.A. in Liberal Arts, B.A.A.S. in Industrial
Technology, and M.A. in Organizational Management.
Activities include: Qualified Mediator State of Texas. (1-
(1-
8-08)
Teacher, Corpus Christi Independent School District
Received BS in Elementary Education and MS in
Educational Supervision. Activities include: PTA.
Recipient of Kostoryz Teacher of the Year. (78415
Resident) - -
Kristi Pena
Mary Ann Rojas
Venessa Santos -Garza
Patrick Smith
Public Relations, Regional Transportation Authority.
Attended College. Activities include: American Heart
Association, Buc Commission, Bayfest and Beautify
Corpus Christi Board Member. (12-27-07
President/CEO, Wor Sour e of the Coastal Bend.
Received a Bachelors Degree. Activities include: Board
Member/Officer of Amistad Community Health Center,
Board Member of Coastal Bend Tech Prep, Texas
Association of Workforce Boards, and Graduate of
Leadership Corpus Christi Class 35. Recipient of Corpus
Christi Hispanic Chamber Service to Community Award
and National Award - Ted E. Small Partnership Award.
(1-15-08)
Self - Employed. Attended Del Mar College. Activities
include: American Heart Association and Buc Commission.
Recipient of Hispanic Women's Network Las Estrellas
Award 2006. (12-27-07
Programming Consultant, Robbins-Gioia. Received BA in
Applied Sciences from Texas A&M-Commerce. Activities
include: United States Army Reserve and Contractor, Past
Director of Big Brothers Big Sisters, Waco, Texas and Past
President, Active Claremont, Claremont, California. -2 -
07
LANDMARK COMMISSION — Seven vacancies with terms to 11-20-08 and 11-
20-10 representing the following categories: 3 — Regular Members, 1 — Architect, 1-
Title Search, 1 — Real Estate, and 1 - Historian.
DUTIES: To promote the use of historical and cultural landmarks for the culture,
prosperity, education, and general welfare of the people of the City and visitors to the
City.
COMPOSITION: Fifteen (15) members nominated by individual City Council
Members and appointed by a majority vote of the Council. Insofar ar as possible, the
numerical composition shall correspond to the ethnic, gender, and economic distribution
of the City according to the last Federal Census report. All members shall have
knowledge and experience in either the architectural, archaeological, cultural, social,
economic, ethnic or political history of Corpus Christi. Representation of the following
competencies shall be appointed as members to the commission: Two (2) historians, two
licensed real estate salespersons, two (2) registered architects, one (1) structural or
civil engineer, two (2) history teachers, one (1) person knowledgeable in title search
and/or property surveyor and five other members. No one profession will constitute a
majority of the membership.
MEMBERS
Myron Grossman (Real Estate), Co -Chair
*Michelle Braselton (Regular Member)
Bunny Tinker (Historian), Chair
Anita Eisenhauer (History Teacher)
Arthur Zeitier (Regular Member)
** *Nita Selby (Regular Member)
*David Brown (,Architect)
Richard Moore (History Teacher)
* * ** *Susan Abarca (Title Search)
Dr. James Carter (Regular Member)
Craig Thompson (Engineer)
** *Stephen T. Bowling (Real Estate)
* *Dr. Clifton L. Baldwin (Regular Member)
** *David Blanks (Historian)
Herb Morrison (Architect)
Legend:
*Seeking reappointment
**Not seeking reappointment
***Resigned
****Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
ORIGINAL
TM;M APPTD. DATE
11 -20 -09 5-15-01
11-20-07 11-09-04
11-20-09 5-15-01
11-20-08 12-12-06
11-20-09 12-12-06
11-20-07 11-09-04
11-20-0 3-02-04
11-20-08 7-11-01
11-20-07 5-15-01
11 -20 -0 12 -12 -06
11-20-08 3-02-04
11-20-08 12 -12 -06
11- 20 -07 12-12-06
11-20-08 11-12-02
11-20-09 3-02-04
The Landmark Comm ss on is making the following recommendations:
Realignment of the following members:
Anita Eisenhauer from History Teacher to Historian
Dr. James Carter from Regular Member to History Teacher
Realignment and reappointment of the following ember:
Michelle rase on from Real Estate to Title Search
Reappointment of the following r
David Brown (Architect)
Nw appointments of the following members:
Real Estate Category: Leo Rios
Regular Member Category.. Susan Rucker, Reagan Sahadi, Randi Evans, and
Scott Harris
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. NO. % OF ATTENDANCE
NAME THIS TERM PRESENT LAST TERM I I YEAR
David Brown (Architect) 5 3 60%
Michelle Braselton (Regular) 6 4 66%
OTHER INDIVIDUALS EXPRESSING INTEREST
Randi Evans
Rick Greenfield
Scott Harris
Survey Manager, Maverick Engineering, Inc. Attended
College. Activities include: RPLS #5373 and member of
TSPS. (1-21-08)
Program Manager Engineering Services, MANCON, Inc.
Received A.A. in Liberal Arts, B.A.A.S. in Industrial
Technology, and M.A. in Organizational Management.
Activities include: Qualified Mediator State of Texas. (1-
8-08)
Project Engineer, HDR Engineering. Received B.S. in
Civil Engineering. Activities include: United States Navy
Reserves, City of Corpus Christi Citizens University Class
03, American Society of Civil Engineers, Girl Scouts of
Greater South Texas, and Northwest Pony League.
Recipient of United States Navy Commendation Medal —
Operation Iraqi Freedom 2005. (12-28-07
Susanne M. Lunsford
Leo Rios
Susie Rucker
Reagan Sahadi
Signing Agent — Notary Public, Notary on Wheels.
Attended College and Received Enhanced Education from
ATT Communications, Wilson Training School, Escrow
and Title Association. Activities include: Secretary -
Padre Island Rotary Club, Padres Island Business
Association Member, National Notary Association
Member, National Association of Realtors and Lorman
Education Training Volunteer. (1-9-08
Realtor, Remax Metro Properties. Activities include:
Knights of Columbus, Hispanic Chamber of Commerce,
Board of Directors of Coastal Bend Immigration Counsel,
and Texas Political Action Committee. -25 (Real
Estate)
Owner, Rucker & Rucker, Inc. Received B.S. from
University of Texas with Major in Interior Design.
Activities include: American Society of Interior Design,
University of Texas Human Ecology, Bayfest, Art Museum
of South Texas, and KEPT Auction. (12-5-07
Associate Attorney, Donnell, Abernethy & Kieschnick.
Undergraduate in Business from St. Edward's University.
Received Law Degree from University of Houston.
Activities include: Young Lawyers and Corpus Christi Bar
Association. (8-24-07
LIBRARY BOARD — Five (5) vacancies with tears to 11- 05 -09.
DUTIES: The committee shall be advisory to the City Council and its duties shall be to
investigate and recommend to the Council matters relating to library services.
COMPOSITION: Ten (10) members, eight members shall be appointed for two -year
terms by the City Council and two (2) members shall be ex-officio r ember . The
president of the La Retama Club shall be ex- officio with vote and the president of the
Friends of the Corpus Christi Public Libraries shall be ex-officio without vote.
ORIGINAL
MEMBERS TERM APPID._DATE
Sam Beecroft 11 -05 -08 11-14-06
***Joyce Green 11-05-07 11-08-05
*Barbara Silverman 11- 05 -0+7 11 -11-03
*****Reynaldo Rodriguez 11.05 -0 11-13-01
Mary C. Christmas 11-05-08 11-09-04
*Lucy McCracken 11-05-07 11-08-05
*Andrea Naismith 11 - -0+7 11-08-05
Dr. A.N.M. Waheeduzzaman 11-05-08 11-12-02
.Taney Cone, Pres., La Retama Club Ex-Officio
Ken Kellar, Pres., Friend of Libraries Ex-Officio
Sue Stanford Honorary, non - voting 1 -17-0
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
TMENT
NO. OF MTGS. NO. % OF ATTENDANCE
NAME THIS TERM PRESENTT J I M LAST YEAR
Barbara Silverman 11 10 91%
Lucy McCracken 11 9 82%
Andrea Naismith 11 l e c 56%
Legend:
*Seeking reappointment
**Not seeking reappointment
***Resigned-
****Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
OTHER INDIVIDUALS EXPRESSING INTEREST
Sherri Darveaux
Retired, Former Librarian, Engineering Training
Developer, and Trainer Business Software Applications.
Received Master of Arts in Education, from University of
Texas at San Antonio, Texas and Master of Library Science
from University of Arizona. Attended Executive Program
at Anderson Graduate School of Business, University of
California, Los Angeles. Activities include: Member of
National Library Science Honor Society and Local
Antiquing Group. 1- 25.08)
Rick Greenfield Program Manager Engineering Services, 1 IANCO , Inc.
Received A.A. in Liberal Arts, B.A.A.S. in Industrial
Technology, and M.A. in Organizational Management.
Activities include: Qualified Mediator State of Texas. 8-08)
Cecilia G. Huerta Consultant, Self-Employed. Former Classroom Teacher
and Counselor. Received Bachelors of Arts English and
Masters of Arts Guidance and Counseling from Texas A&I
University. Activities include: Association of School
Counselors, Hispanic Women's Network of Texas Corpus
Christi Chapter, Junior Achievement Volunteer. (2/11/08)
Judy Jenson Graduate of Baptist Hospital School of Radiology
Technology. Received Associates Degree from North
Harris County Community College. Activities include:
Volunteer at Driscoll Children's Hospital. (1-22-08)
Brian Solarek Logistics Lead, Boeing. Received Bachelor's Degree in
Management. (1-28-08
2
CITYCOUNCIL
AGENDA MEMORANDUM
City Council Action Date: February 19, 2008
AGENDA ITEM:
A. Resolution authorizing the City Manager, or his designee, to accept a grant from
the Coastal Bend Regional Advisory Council in the amount of $3,290.84 to be used for
the purchase of equipment, supplies, and services to support the delivery of emergency
medical services for the Corpus Christi Fire Department.
B. Ordinance appropriating $3,290.84 from the Coastal Bend Regional Advisory
Council into the 1056 ambulance fund to purchase equipment, supplies, and services to
support the delivery of emergency medicsl services for the Corpus Christi Fire
Department; and declaring an emergency.
ISSUE: The Coastal Bend Regional Advisory Council on Trauma (RAC) has forwarded to
the City a series of checks as a grant in the amount of $3,290.84. This is a direct grant for
the benefit of the City's EMS operations. No application was required.
This is the eighth year that the RAC has distributed similar grants. Every EMS agency
within the twelve county Coastal Bend area, who is actively participating in the RAC, is
receiving funding based upon the number of trauma responses they make. The funds
originate from the Texas Department of State Health Services and are routed to the RAC.
REQUIRED COUNCIL ACTION: Council's adoption of the motions is necessary to permit
utilization of these funds.
PREVIOUS COUNCIL ACTION: The Council has previously approved fie similar grants.
CONCLUSION AND RECOMMENDATION: it is recommended that the Council motion to
accept the grant and to appropriate the funds to the Ambulance Fund 1056 to purchase
equipment, supplies, and services to support the delivery of emergency medical services.
tic and Hooks, Fire Chief
Attachments:
1. Copy of Resolution
2. Copy of Ordinance
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO
ACCEPT A GRANT FROM THE COASTAL BEND REGIONAL
ADVISORY COUNCIL IN THE AMOUNT OF $3,290.84 TO BE
USED FOR THE PURCHASE OF EQUIPMENT, SUPPLIES, AND
SERVICES TO SUPPORT THE DELIVERY OF EMERGENCY
MEDICAL SERVICES FOR THE CORPUS CHRISTI FIRE
DEPARTMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT
SECTION 1. The City Manager or his Designee, is authorized to accept a grant
from the Coastal Bend Regional Advisory Council in the amount of $3,290.84 to
be used for the purchase of equipment, supplies, and services to support the
delivery of emergency medical services for the Corpus Christi Fire Department.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: 19th day of February, 2008
Mary y Fis
City A orney
R SO 4 Emergency Medical Servi esslig
Corpus Christi, Texas
of , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli o do
Mike Humme II
Bill Kelly
Priscilla Leal
John E. Marez
Nelda Martinez
Michael M Cut hor
RESO 4 Emergency Medical Services.lig
AN ORDINANCE
APPROPRIATING $3,290.84 ADVISORY FROM THE COASTAL BEND REGIONAL
PURCHASE EQUIPMENT, COUNCIL INTO THE o. 1056 AMBULANCE FUND TO
THE DELIVERY SUPPLIES, AND SERVICES TO SUPPORT
CORPUS CHRISTI FIRE DEPARTMENT; AND OF EMERGENCY MEDICAL SERVICES FOR THE
EMERGENCY. AN
BE IT ORDAINED BY THE CITY COUNCIL OF THE
TEXAS: C TY OF CORPUS CHRISTI,
SECTION 1. That $329O.84 . is appropriated from the Coastal Bend Regional Advisory into the No. 1056 �
ambulance fund to purchase equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Department.
SECTION 2. That upon written request of the Mayor or five Courcil erhers, co ttachd the City Councl (1) fnds
and declares action s emergency due the need for
necessary for the efficient and effective
and (2) sup end +�ninistrtir� of Ci affairs
suspends the Charter rule City
that requires consideration of
ordinances at two regular voting upon
meetings so that this ordinance is
upon first reading as an emergency passed and takes effect
merg cy measure this the 19th
day of February, 2008.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chaa
City Secretary
APPROVED AT TO FORS: February
la i
#y
City A orne
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. flare
Nelda Martinez
Michael McCutchon
3
CITY COUNCIL
AGENDA MEMORANDUM
February 19, 2008
AGENDA ITEM: Resolution authorizing the City Manager or designee to submit a
Juvenile Accountability Block Grant application to the State of Texas, Office of
Governor, Criminal Justice Division in the amount of $10,874.14 for anti - shoplifting
program for the Municipal Juvenile Court, with a City match of $1,208.24 in the No.
1020 General Fund, and total project cost of $12,082.38.
ISSUE: If approved, this grant will continue the anti - shoplifting program at the
Municipal Juvenile Court. This is a continuation grant with slightly increased
funding. All juveniles convicted of a theft offense are ordered to complete the anti -
theft education program as part of their court order. To date, there have been no
new theft offenses from juveniles who have completed the program.
REQUIRED COUNCIL ACTION: Approval of the Resolution
PREVIOUS COUNCIL ACTION: Council last authorized similar grant application
for Municipal Juvenile Court in April 2007.
CONCLUSION AND RECOMMENDATION: Approval of the Resolution.
Rodolfo Tam
Presidin
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A JUVENILE
ACCOUNTABILITY BLOCK GRANT APPLICATION TO THE STATE OF TEXAS,
OFFICE OF GOVERNOR, CRIMINAL JUSTICE DIVISION IN THE AMOUNT OF
$10,874.14 FOR ANTI - SHOPLIFTING PROGRAM FOR THE MUNICIPAL JUVENILE
COURT, WITH A CITY MATCH OF $1,208.24 IN THE NO. 1020 GENERAL FUND,
AND TOTAL PROJECT COST OF $72,082.38.
BE IT RESOLVED E BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to submit a Juvenile
Accountability Block Grant application to the State of Texas, Office of the Governor,
Criminal Justice Division, in the amount of $1O874.14 for the Municipal Juvenile Court
anti - shoplifting program.
SECTION 2. The City commits to providing all applicable matching funds. The City
matching funds for this grant are $1,208.24 in the No. 1020 General Fund. The total
project cost is $12,082.38.
SECTION 3. The City Manager, or designee, is authorized to apply for, accept, reject,
alter, or terminate the grant, if the grant is awarded to the City.
SECTION 4. In the event of the loss or misuse of these funds, the City of Corpus
Christi assures that the funds will be returned to the State of Texas, Office of the
Governor, Criminal Justice Division, in full.
SECTION 5. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: February 1, 2008
LL4A:-%
Lisa Aguilar
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
Corpus Christi, Texas
of
1 2008
The above resolution was passed by following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel(
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McC t bon
4
CITY COUNCIL
AGENDA MEMORANDUM
February 19, 2008
AGENDA ITEMS:
A. Ordinance authorizing the City manager, or designee, to execute a five -year lease with Pat
McDonough Jr. beginning September 1, 2007 for crop farming on approximately 359.45
acres located at the Corpus Christi International Airport in consideration of the payment of
an annual fee of $50 per acres; and declaring and emergency.
B. Ordinance authorizing the City manager, or designee, to execute a five -year lease with
James P. Kelly beginning September 1, 2007 for crop farming on approximately 533.287
acres located at the Corpus Christi International Airport in consideration of the payment of
an annual fee of $50 per acres; and declaring and emergency
C. Ordinance authorizing the City manager, or designee, to execute a five -year lease with
Tommy M. Bemsen and Dolores H. Bemsen beginning September 1, 2007 for crop farming
on approximately 336.78 acres located at the Corpus Christi international Airport in
consideration of the payment of an annual fee of $50 per acres; and declaring and
emergency
D. Ordinance authorizing the City manager, or designee, to execute a five -year lease with
James Charles Bemsen beginning January 1, 2008 for crop farming on approximately
244.12 acres located at the Corpus Christi International Airport in consideration of the
payment of an annual fee of $80 per acres; and declaring and emergency
ISSUE: Corpus Christi International Airport is located on approximately 2,400 acres of
land. A significant portion of the land remains unimproved and available for agricultural
use. In an effort to increase non - airline revenue and reduce mowing costs, Airport staff is
recommending the continued lease of approximately 1 ,474 acres of land.
As a result of various issues, including revised FAA requirements, Airport staffing and
acreage verification, finalization of the agreements were delayed from September 2007.
RECOMMENDATION: Staff recommends approval of the Ordinances as presented.
BOARD REVIEW: : The Airport Board recommended approval of the lease agreement at
its December 2007 Meeting.
Director of Aviation
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background information
Exhibit B Location Map of Farm Leases
ADDITIONAL
BACKGROUND INFORMATION
The City has leased agricultural acreage on airport property for the last twenty years in an
effort to reduce mowing costs on unimproved property and also generate revenue. The
Federal Aviation Administration (FAA) has periodically required that portions of the acreage
be removed from agricultural use to enhance runway safety. Consequently acreage
amounts have been adjusted during the term of the lease.
On August 22, 2000, the City Council approved 4 farm lease agreements for approximately
1 ,434 acres with Kocurek , T.M. and D.H. Bemsen , McDonough and Kelly Farms. The
term of the agreements was 5 y ears at $25 pper acre with expiration on December 31st
2005. During the term of the lease, the City acquired additional parcels totaling
approximately 40 acres in the Kelly Farm Lease tract bringing the total amount of
agricultural use acreage to 1 ,474. In 2006, the Airport Director extended the lease on a
month to month basis for T.M. and D.H. Bemsen, McDonough and Kelly Farms at the
same rate of $25 per acre. Kocurek Farms decided not to continue farming .
Subsequently, the acreage was put out for bid by the City. Mr. James Charles Bemsen
was the successful bidder at $80 per acre and was formally awarded a one year lease on
December 12, 2006.
The proposed lease agreements with Pat McDonough Jr , James P. Kelly and Tommy and
Dolores H. Bemsen have a recommended acreage rate of $50, an increase of $25 per
acre from the previous agreement. The City originally purchased the acreage from these
individuals with the purchase agreement stipulating that subject farmers would receive the
right of first refusal to lease the land. The fourth agreement with James Charles Bernsen
reflects an $80 per acre rate bid in December, 2006. The acreage was bid out as a result
of a fourth original lessee, Mr. Kocurek deciding not to exercise his option.
Staff is recommending approval of lease agreements with T.M. and D.H. Bemsen, Pat
McDonough, James Kelly at $50 per acre and James Charles Bemsen at $80 per acre.
The leases are projected to generate $81 ,005.45 in revenue. The Airport Board
recommended that the $80 bid rate be maintained. In addition to the rate changes, the
agreement includes language consistent with FAA guidelines on wildlife management
practices, crop dusting activities in and around the Airport and allows Airport Staff to
remove acreage from farming use as required by FAA directive.
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CITY OF CORPUS CHF ISTI
CORPUS CHRISTI INTERNATIONAL AIRPORT
CORPUS CHRISTI, TEXAS
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Sheet No
11808
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
FIVE -YEAR LEASE WITH PAT McDONOUGH, JR., BEGINNING
SEPTEMBER 1, 2007, FOR CROP FARMING H APPROXIMATELY
ATELY
359.45 ACRES LOCATED AT THE CORPUS CHRISTI
INTERNATIONAL ATI [ AL AIRPORT, IN CONSIDERATION OF THE PAYMENT
OF AN ANNUAL AL FEE OF $5O PER ACRE; AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a five-year lease
with Pat McDonough, Jr. ("Lessee"), beginning September 1, 2007, for crop farming to
be conducted on approximately 359.45 acres located at the Corpus Christi International
Airport, in consideration of Lessee paying an annual fee of $50 per acre. A copy of the
lease is attached and will be on file with the City Secretary.
SECTION 2. Upon the written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the of February, 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form:
2008
Eliab • h R. Hundley
Assi { nt City Attorney
for the City Attorney
El-lord 1 .doc
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas:
forth in the emergency clause of the foregoing ordinance, an
For the reasons set ■
` suspension of the Charter rule as to consideration and
emergency exists requiring uspe
voting upon ordinances at two regular meetings: 1/we, therefore, request that you
suspend said Charter rule
and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike H u mmeli
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
EHord2 1 8. doe
FARM LEASE AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
PAT McDONOUGH, JR.
WHEREAS, EAS, the City of Corpus Christi ("City" owns the Corpus Christi Inter -
national Airport ("Airport"), located in Corpus Christi, Nueces County, Texas;
WHEREAS, Pat McDonough, Jr. ("Lessee") desires to lease a certain parcel of
land at the Airport for crop farming purposes; and
WHEREAS, the parties desire to enter into a written lease for approximately
359,45 acres of land to permit Lessee to engage in crop farming ("Lease").
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Lease, the parties agree as follows:
Section 1. Parties. This Lease is made by and between the City, acting through its
duly authorized City Manager, or his designee "city Manager"), and Pat McDonough,
Jr., as Lessee, an individual residing in the State of Texas.
Section 2. Premises. The City leases to Lessee the land located on the Airport
property, as more particularly described in the attached Exhibit A ("Premises"), which
exhibit is incorporated into this Lease as if fully set out herein. The Premises consists of
approximately 359.45 acres of land, excluding a ten -foot (10') easement along any
perimeter fence abutting the Premises.
Section 3. Term. Subject to the remaining terms and conditions of this Lease, the
term ("Term") of this Lease is five years, beginning September 1, 2007, (Effective
Date"), and terminating at the close of business on August 31, 2012 ; ;Termination
Date").
section 4. Lease Payments.
A. Calculation. Lessee agrees to pay the City Fifty Dollars $ 0 per acre annually
"Lease Payment"). Lessee shall remit the initial Lease Payment not later than
5 :00 p.m. Central Standard Time on the Wednesday immediately following the
date this Lease is finally approved by the City's City Council "city Council"). All
subsequent Lease Payments are due on every calendar year anniversary of the
Effective Date of this Lease.
B. Paying Rent. The Lease Payment is due and payable in full in the form of a
cashier's check or cash. The Lease Payment must be delivered to the following
address:
Corpus Christi International Airport
1000 International Drive
Corpus Christi, Texas 78406
' 5. Lease Agent. The City's Director of Aviation, or his designee ('Aviation
Section � .
Director"), shall administer this Lease and serve as the City's agent to receive all Lease
Payments, notices, and reports due under this Lease.
Section 6.
Use of Premises. Lessee must use the Premises for the purposes of crop
for no other purpose without the express written consent of the City
farming fo �
Manager. Lessee may not construct any improvements on the Premises. Lessee may
not use the Premises for storage of equipment or supplies.
Section . Acceptance. By Lessee's execution of this Lease, Lessee acknowledges
that Lessee has
read this Lease and understands that this Lease is not binding on the
ro erl authorized the City's City Council and executed by the City
City until p �
Manager. Lessee also acknowledges that Lessee has inspected the Premises and
Premises in its present physical condition, as is, including any and all
accepts the p
defects known and unknown that may exist.
Section ' Assignment and Sublease. lease. Lessee may not at any time assign, transfer,
convey, sublet mortgage, pledge, or encumber Lessees interest in this Lease or any
any p
part of the Premises to an party without the prior written consent of the City, which
approval unreasonably will not be unreasonabl withheld. In the event that Lessee directly or
indirectly assigns, transfers, conv eys, sublets, mortgages, pledges, or otherwise
encumbers this an Lease or portion of the Premises without the prior written consent of
any
the City, the City may, in its sole discretion, terminate this Lease.
Section 9, Required Modification or Amendment ent f Lease. If the Federal Aviation
Administration
or its successor ("FAA") requires modifications or amendments to this
condition precedent to granting funds for Airport improvements, Lessee
Lease as � g
agrees to
consent to the modifications or amendments to this Lease as may be
reasonably required for the City to obtain the funds; provided, however, that Lessee will
be required to pay increased Lease Payments, change the use of the Premises, or
not �
accept
relocation or reduction in size of the Premises until Lessee and the City have
fully executed an amendment to this Lease that is mutually satisfactory to all parties
regarding ardin any terms or conditions of this Lease affected by said required actions.
Section 10. Reservation of Use.
The City reserves the right to sell, use, or lease for a use different from the
A. �h g
present use all or any ortion of the Premises at anytime during the term of this
Lease
If the Premises are used or leased before the Expiration Date and the
purchaser or new lessee is not willing to take the Premises subject to this Lease
and
demands immediate possession, then Lessee agrees to vacate and
surrender p ossession within fifteen 1 days after receipt of notice to vacate.
B. If it becomes necessary for Lessee to vacate in the event of a sale or new lease,
then the City shall pay Lessee for the land or portion thereof so vacated the
the �
following amounts, to -wit:
Page 2 of 15
(1) If the land has been plowed and prepared for a new crop, but before the
crop has been planted, the actual expense of working the acreage vacated
plus $5.00 per acre.
(2) If there is a growing crop, then the average return on an acreage basis
that the same crops bring on other land covered by this Lease or, if there is
no other land covered by this Lease, then on similar land in the immediate
vicinity.
C. Any payments made to Lessee under this section shall be based on the Lessee's
share of the crop land actually cultivated and farmed under this Lease, less
harvesting costs.
Section 11. Subordination to U.S. and FAA Requirements. This Lease is
subordinate to the provisions of any existing or future agreement between the City and
the government of the United States relating to the operation or maintenance of the
Airport, where the execution of said agreement(s) is required as a condition to the
expenditure of federal funds for the development of the Airport. If the effect of said
agreement(s) with the United States, either under this Section 11 or under Section
above, is to take any of the Premises under this Lease out from the control of City, then
City shall make every effort to provide Lessee with land substantially similar to the
Premises used by Lessee for the remainder of the Term if similar premises are available
for the type of use granted within this Lease.
Section 12. Maintenance; Utilities.
A. Lessee, at its own expense, shall maintain the Premises in good appearance and
repair and in a safe condition. Lessee shall, except during the growing season
prior to harvest, keep the Premises mowed to a height under 12 inches.
B. Within seven days of harvest, Lessee shall plow under the remains of the
harvested crop. Additionally, Lessee shall spray the plowed -under areas with an
approved growth inhibitor in order to prevent secondary growth of the remains.
C. Lessee must ensure that the Premises are maintained free of foreign object
debris and shall control soil erosion on the Premises.
D. The Aviation Director is the sole judge of the quality of Lessee's maintenance,
which must be reasonable and consistent with other City and Airport properties.
The Aviation Director may at any time during City's normal business hours,
without prior notice, enter upon the Premises to determine if Lessee is fulfilling
the maintenance requirements of this Lease. The Aviation Director must notify
Lessee in writing of any default. If the required maintenance, in Aviation
Director's deficiency notice to Lessee, is not commenced by Lessee within 15
days after receipt of written notice, or is not diligently prosecuted to completion
within the timO stated, the Aviation Director may enter upon the Premises and
perform the subject maintenance, and Lessee agrees to reimburse the City for its
Page 3 of 1
cost plus 20% overhead within 30 days after the Aviation Director's written
demand therefor, together with copies of all bids for the repairs and maintenance,
E. Lessee must immediately remove or correct any hazardous or potentially
hazardous condition on the Premises upon knowledge thereof, or after receipt of
notice from the Aviation Director, whichever occurs sooner. At the Aviation
Director's direction, Lessee must close the Premises, or affected portion, until the
hazardous or potentially hazardous condition is removed or corrected.
F. Lessee, at its own expense, shall replace any and all utility lines and equipment
located on the Premises which may be damaged or destroyed as a result of
Lessee's farming or agricultural operations. Lessee, at its own expense, shall
repair any and all damage caused to the Premises as a result of the willful or
negligent acts or omissions of Lessee, its employees, or agents.
G. Lessee shall pay for all utilities, including water and waste disposal, Lessee uses
at the Premises.
H. Crop Setbacks.
Lessee shall p lant crops no closer than 10 feet to any Airport perimeter
fence.
Lessee shall plant crops no closer than 575 feet from any runway
centerline and no closer than 1 ,000 feet from the end of any runway.
Lessee shall p lant crops no closer than 130 feet from the centerline of
any taxiway.
Lessee shall plant crops no closer than 113 feet from the edge of any
aircraft apron.
Section 13. Inspection and Premises Access. The Aviation Director shall have the
right to inspect the Premises during the City's normal business hours, without prior
notice. The City reserves the right to install wildlife control devises and to take
additional wildlife control measures, as may be necessary. The City shall have the right
n and all times of ingress and egress on and over the Premises for the purposes of
at any g
conducting and carrying on any business incident to activities of the City.
Section 14. Security Badges. Each of Lessee's employees needing access to a
restricted area (including the area outlined in Section 15 of this Lease) must wear a
securi ty badge while in the restricted area. Lessee will pay an issuance fee for each
badge and a replacement fee for each lost security badge. The Aviation Director may
also require the payment of a reasonable deposit fee for each security badge issued
a p
consistent with fees charged to other tenants at the Airport. Lessee must notify the
Aviation Director immediately after any employee of Lessee who was issued a security
badge is terminated or loses a badge. Lessee and Lessee's employees must comply
with all City and federal security regulations and requirements.
Page 4 of 15
Section 15. Access to the Aircraft Operating Area.
A. Lessee and its respective contractors, suppliers of materials, furnishers of
services, employees, agents, and business invitees must comply with all present
and future laws, rules, regulations, and ordinances promulgated by the City, the
Airport, the federal Transportation Security Administration ("TSA"), the FAA, or
other governmental agencies to protect the security and integrity of the Airport's
aircraft operating area "AOA ", as shown on the attached Exhibit B, which is
incorporated in this Lease as if fully set out herein. Subject to the approval of the
Aviation Director, Lessee must adopt procedures to control and limit access to
the AOA by Lessee and its respective contractors, suppliers of materials,
furnishers of services, employees, agents, and business invitees in accordance
with all present and future City, Airport, TSA, and FAA laws, rules, regulations,
and ordinances.
B. Lessee must pay all FAA and TSA fines associated with security breaches or
infractions committed by Lessee's employees, agents, contractors, suppliers, and
business invitees in the AOA, regardless of whether the fine is assessed to the
City or the Airport, as set out in the City Code of Ordinances, Sec. 9 -31.
C. Lessee agrees to indemnify, hold harmless, and defend the City,
its officers, employees, agents, and representatives against the
risk of legal liability for death, injury, or damage to persons or
property, direct or consequential, arising from entry of persons
into the AOA where permitted, allowed, or otherwise made
possible by Lessee, its employees, contractors, suppliers of
materials, furnishers of services, business invitees, agents, or
any other person under the direction of Lessee in violation of
City, Airport, TSA, and FAA laws, rules, regulations, or
ordinances or Lessee's approved procedures for controlling
access to the AOA1
D. Lessee will have access to the Premises, subject to compliance with all
applicable Airport, TSA, and FAA security procedures. Movement of all persons
in the AOA and Premises must be cleared in accordance with Airport, TSA, and
FAA rules and regulations. Lessee is primarily responsible for opening and
closing any security gates and doors permitting access between the Premises
and the AOA.
E. No vehicles owned or operated by Lessee may operate within the movement or
non - movement areas of the AOA except those in compliance with Airport, TSA,
and FAA rules and regulations.
Section 16. Operation within Airport Certification. Lessee must comply with all
rules that are applicable to its operations at the Airport under the Airport Certification
Rules of the Federal Aviation Regulations ("FAR"), Part 139, as amended [14 CFR Part
Page 5 of 15
139, as amended]. Copies of the FAR are available in the office of the Aviation
Director.
Section 17. Federal Code Requirements for Equipment Use. Lessee covenants to
comply with the notification and review requirements set out in the FART Part 77, as
amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its
operation that requires notification as outlined in this regulation. Copies of the FAR are
available in the office of the Aviation Director.
Section 18. Control of Structures and Equipment. Lessee may not make use of or
operate any structure, building, antenna, object, or equipment which has its highest
point above a mean sea level elevation established by the FAA or the City as a height
limitation on said structure, building, antenna, object, or equipment. City may enter the
Premises and remove any such structure, building, antenna, object, or equipment and
assess the removal expense against Lessee plus a 20% overhead charge.
Section 19. Aerial Approaches. The City Manager may take any action necessary to
protect the Airport's aerial approaches against obstruction, including the right to prevent
Lessee from operating any object or equipment on or adjacent to the Airport, which, in
the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a
hazard to aircraft. Lessee will not make or permit any use of the Premises which would
interfere with landing or taking off of aircraft at the Airport or otherwise constitute an
Airport hazard including, but not limited to, electrical or electronic interference with
communications, electrical, or electronic equipment or the creation of smoke, e, dust, or
glaring or misleading lights.
Section 20. Right to Overflight. The City hereby reserves, for the use and benefit of
the public, a right of flight for the passage of aircraft above the surface of the Premises
together with the right to cause in the airspace noise as may be inherent in the
operation of aircraft now known or hereafter used for navigation thereof or flight in the
air, and using the airspace for landing at or taking off from, or operating on, the Airport.
Section 21. Hazardous Substances.
A. Lessee covenants to comply with all environmental laws, rules, regulations,
orders, and permits applicable to Lessee's operation on or in the vicinity of the
Airport including, but not limited to, required National Pollutant Discharge
Elimination System permits and all applicable taws relating to the use, storage,
generation, treatment, transportation, or disposal of hazardous or regulated
substances.
B. Except for hazardous substances governed by and transported in full compliance
with the transportation laws of the State of Texas or federal government, Lessee
must not use, store, generate, treat, transport, or dispose of any hazardous or
regulated substances or waste on or near the Airport without the Aviation
S
Director's prior written approval and without first obtaining all required permits
and approvals from all authorities having jurisdiction over Lessee's operation on
or near the Airport.
Page 6 of 1
C. If Lessee determines that a threat to the environment including, but not limited to,
a release, discharge, spill, or deposit of a hazardous or regulated substance has
occurred or is occurring which affects or threatens to affect the Airport or
persons, structures, equipment, or other property located thereon, Lessee must
notify immediate! y by verbal report in person or by telephone, to be promptly
confirmed in writing, (1) the Aviation Director, (2) the Airport's Public Safety
Office, emergency response centers, and environmental or regulatory
agencies, as required by law or regulation, and must follow such verbal report
with all written reports required by law.
D. Lessee agrees to cooperate fully with the Airport in promptly responding to,
reporting, and remedying a threat to the environment including, without limitation,
a release or threat of release of a hazardous or regulated substance into the
drainage systems, soils, ground water, waters, or atmosphere, in accordance
with applicable law and as authorized or approved by any federal, state, or local
agency having authority over environmental matters.
E. Lessee must keep a readily accessible file of materials safety data ('MSD")
p
sheets for each hazardous substance on site or transported to the Premises, in
accordance with federal and State transportation laws, which file must be posted
and immediately available to any Airport or City employee who responds to the
scene (Premises) in the event of a discharge of a hazardous substance.
Lessee's employees must try to determine which hazardous substance was
discharged and have that MSD sheet available for the first responders to the
scene.
F. Lessee must promptly undertake all required remediation and pay all costs
associated with Lessee's action or inaction that directly or indirectly prevents the
Airport from materially conforming to all then applicable environmental laws,
rules, regulations, orders, or permits.
G. Lessee agrees and acknowledges that the obligations set forth in this section
survive termination of this Lease.
Section 22. Nondiscrimination and Affirmative Action.
A. Nondiscrimination - General. Lessee, for itself, its employees, agents, and
representatives, as a part of the consideration for the making of this Lease,
p
covenants that: (1) no person on the grounds of race, creed, color, religion, sex,
age, national origin, handicap, or political belief or affiliation will be excluded from
in, denied the benefits of, or otherwise be subjected to
participation
discrimination in the use of the Premises; (2) Lessee will use the Premises in
compliance with all requirements imposed by or pursuant to 14 CFR Part 152,
Subpart E, Nondiscrimination in Airport Aid Program, Title VI of the Civil Rights
Act of 1 964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation, and as said Title and
Page 7 of 15
regulations may be amended, and with other applicable State and federal laws,
rules, or regulations, as amended.
B. Nondiscrimination - Business Owner. This Lease is subject to the requirements
of 49 CFR Part 23. Lessee agrees that it will not discriminate against any
business owner because of the owner's race, color, national origin, or sex in
connection with the award of performance or any concession agreement,
management contract or subcontract, purchase or lease agreement, or other
agreement covered by 49 CFR Part 23.
a Remedy for Breach. If Lessee breaches a nondiscrimination covenant, the City
may immediately reenter the Premises, and the Premises and all Lessee's
interest therein reverts to the City. This provision is not effective until the
procedures of 49 CFR Part 21 are completed, including exercise or expiration of
appeal rights.
D. Affirmative Action. Lessee covenants that it will undertake an affirmative action
program as required by 14 CFR Part 152, Subpart E, to ensure that no person on
the g rounds of race, creed, color, religion, sex, age, national origin, handicap, or
political belief or affiliation is excluded from participating in any employment
activities covered in 14 CFR Part 152, Subpart E. Lessee covenants that no
person will be excluded on these grounds from participating in or receiving the
services or benefits of any program or activity covered by that subpart. Lessee
further covenants to require its covered sub - organizations to provide similar
assurances to Lessee to undertake affirmative action programs and to require
assurances from their sub-organizations, as required by 14 CFR Part 152,
Subpart E. Lessee, at its own expense, will comply with any applicable
requirements of the Americans with Disabilities (ADA) Act, as it may be
amended.
Section 23. Compliance with Laws.
A. General. Lessee must romptly observe, comply with, and execute the
p
provisions of any and all present and future governmental laws, ordinances,
rules, regulations, requirements, orders, and directives applicable to Lessee's
use and occupancy of the Premises. Failure to observe or comply with any law,
rule, or regulation will subject this Lease to cancellation by the City under Section
a subject
24 of the Lease.
B. Federal. Lessee covenants to comply with all applicable federal laws, rules, and
regulations including, without limitation, the Drug Free Workplace Act, the
Violence in the Workplace Act, the Americans with Disabilities Act, and any other
p
acts that the U.S. Congress passes that apply to any entity that operates at the
Airport
C. State and Local Laws. Lessee covenants to comply with all applicable State and
local laws, rules, regulations, and policies.
Page 8 of 15
Section 24. Cancellation; Termination; Re-entry.
A. Cancellation by Lessee. Without limiting any other rights and remedies to which
Lessee ma y be entitled by common law, statutory law, or as elsewhere provided
in this Lease, this Lease may be canceled by Lessee at any time after the
happening, and during the existence, of one or more of the following events:
1. The permanent abandonment of the Airport;
2. The lawful assumption by the united States government, or any authorized
agency thereof, of the operation, control, or use of the Airport, or any
substantial part or parts thereof, that substantially restricts Lessee from
operating for at least 150 days;
3. The issuance by any court of competent jurisdiction of an injunction that
prevents or restrains the use of the Airport by the Lessee and that continues
for at least 150 days; or
4. The default by the City in the performance of any covenant and the failure of
the City to remedy the default within 60 days after receipt from Lessee of
written notice to remedy the same.
B. Termination by City. Without limiting any other rights and remedies to which City
may be entitled by common law, statutory law, or as elsewhere provided in this
Lease, this Lease may be terminated by City if Lessee;
1. Is in arrears in the payment of any portion of the Lease Payment or of any
fees or charges required to be paid by Lessee under this Lease in excess of
ten o business days "business" days are Monday through Friday) or other
time as may be provided herein;
2. Makes a general assignment for the benefit of creditors;
3. Abandons the Premises or any part thereof;
4. Otherwise defaults in the performance of any of Lessee's covenants and
continues the default in excess of 30 days or other time as may be provided
herein, after receipt of written notice from Aviation Director of the default. if
the default cannot reasonably be cured within 30 days or within any other
time set out in the notice of default, Lessee shall submit a plan to remedy the
default to the Aviation Director for approval within thirty (30) days from receipt
of the notice. The Aviation Director shall have sole discretion regarding the
approval or rejection of Lessee's proposed plan.
C. City's Right to Entry.
1. If the Cit y terminates this Lease or if Lessee abandons the Premises, the City
may enter upon the Premises.
Page 9 of 1
2. In the event of termination by City or abandonment by Lessee, Lessee hereby
irrevocably appoints City a oints the Cit Manager as its agent to remove any and all
p ersons and property from the Premises and place any property in storage for
the account of and at the expense of Lessee. All property on the Premises
is hereby subject to a contractual landlord's lien to secure payment of
delinquent rent and other sums due and unpaid under this Lease, and
any and all exemption laws are hereby expressly waived in favor of said
landlord's lien Futhermore, it is agreed that said landlords lien is not a
waiver of any statutory r other lien given or which may be given to City
by the Lessee but is in addition thereto.
3. Lessee agrees, that in the case of a default, if Lessee fails to remove any
property on the Premises within thirty days following the default, the City
Manager may sell Lessee's property found on the Premises at a public or
private sale with proceeds of the sale applied first to the cost of the sale, then
to the cost of storage of the property, if any, and then to the indebtedness of
Lessee, with the surplus, if any, to be mailed to Lessee at the address herein
designated. if the City terminates this Lease and reenters the Premises, the
Cit y may relet the Premises and, if a sufficient sum is not realized after paying
the expenses of the reletting to satisfy the rent owed and other sums agreed
to be paid by Lessee, Lessee agrees to pay any deficiency within 30 days of
the Aviation Director's written demand therefor.
D. Notice of Termination. if an event of default occurs and, after due notice
identifying the default, the defaulting party has failed to cure, the complaining
�y
p a rty may at time after the expiration of any cure period terminate this Lease
any an
by providing written notice of termination. The Lease will be terminated on the
date p eified in the notice but not sooner than five business days after the
postmarked date of the notice. Rental payments are payable only to the date of
termination. This Subsection is subject to the requirements set out in Subsection
B of this Section.
Section 25. Property Removal val upon Expiration or Termination.
� p
A.
Removal of Equipment. Upon termination or expiration of this Lease, Lessee
may remove all equipment on the Premises so long as Lessee removes same
within 30 calendar days after termination or expiration of the Lease. Any damage
y
to the Premises caused its removal of ts property must be repaired by
Lessee within 1 business days after termination or expiration of the Lease, at
Lessee's expense, and to the satisfaction of the Aviation Director.
B. Notwithstanding the foregoing, if Lessee fails to remove equipment within 30
days from the date of termination or expiration of this Lease, then the City
Manager, may at his or her option, take title to the said personalty and sell, lease,
or salvage the same, as permitted by law. Any net expense the City Manager
incurs on behalf of the City in disposing of the personalty must be paid by Lessee
within 10 days of the City Manager's written demand thereof. The City Manager
will p rovide Lessee with a written itemized breakdown of the costs recaptured, if
Page 10 of 15
any, by the sale, lease, or salvage of the property, and the balance due, which
must be paid by Lessee upon receipt of said itemized breakdown.
Section 26. Holdover. Any holding over by Lessee of the Premises after the
expiration or other termination of this Lease will be on a month -to -month tenancy at
sufferance, at the then current monthly rental rate, and Lessee agrees to surrender the
Premises upon 30 days written notice. Failure to timely surrender Premises following
notice subjects Lessee to payment of a monthly holdover fee equal to the then current
monthly rent (Lease Payment) for each month of delay, in addition to the payment of
rent.
Section 27. Re-delivery of Premises. Upon expiration or termination of this Lease,
Lessee must deliver the Premises to City peaceably, quietly, and in as good condition
as the same now are or may be hereafter improved by Lessee or City, normal use and
wear thereof excepted. in addition to a landlord's lien provided by the law of the State
of Texas, the City has a contractual lien on all property of Lessee on the Premises as
security for nonpayment of rent.
Section 28. Indemnification.
A. GENERAL — Lessee must indemnify, hold harmless, and defend
the City of Corpus Christi, its officers, employees, agents, and
representatives from and against any and all claims and causes
of action, administrative proceedings, judgments, penalties,
fines, damages, losses, demands, liabilities, or expenses
whatsoever (including reasonable attorney's fees and costs of
litigation, mediation, and administrative proceedings) which may
be brought, alleged, or imposed against the City, its officers,
employees, agents, or representatives arising directly or
indirectly from or in any way connected with (1) any property
damage or Loss, personal injury including death, or adverse
effect on the environment arising out of Lessee's action or
inaction with regard to the operations of Lessee hereunder,
including the use or occupancy of the Premises, or in providing
access to secured areas of the Airport as set out herein,
excepting only that liability as may result from the gross
negligence or the willful misconduct of the City, including its
officers, employees, agents, and representatives; (ii} the failure
of Lessee, its agents, or employees to comply with the terms
and conditions of this Lease or to comply with any applicable
federal, State, or local laws, rules, regulations, or orders
including, but not limited to, any and all applicable federal, State,
or Iocal environmental laws, rules, regulations, or orders; or (iii)
release of any hazardous or regulated substances or waste onto,
Page 11 of 15
into, or from the Premises or other Airport property, connected
in any way with Lessee's operations or the action or inaction of
Lessee, its agents, or employees, regardless of whether the act,
omission, event, or circumstance constituted a violation of
applicable law at the time of the occurrence. The rights and
obligations set forth in this Paragraph shall survive the
termination of this Lease.
B. NOTICE — Notwithstanding the above indemnifications, Lessee must give the
Aviation Director notice of any matter covered hereby and forward to the Aviation
Director copies of every demand, notice, summons, or other process received in
any claim or legal proceeding covered hereby within 10 working days of Lessee's
receipt of said notice, demand, summons, or other process.
C. INDEMNITY WAIVER — Lessee, if a charitable association, corporation, entity, or
individual enterprise having or claiming an immunity or exemption (statutory or
otherwise) from and against liability for damage or injury to property or persons,
hereby expressly waives its right to plead defensively the immunity or exemption
as against City, including its officers, employees, agents, or representatives, as
the case may be.
Section 29. Insurance.
A. Lessee must p roar
ode insurance in the amounts and types of coverages required
the City's Risk k liana er ("Risk Manager"), a copy of which is attached and
incorporated as Exhibit C. Lessee's insurance company must provide the
Aviation Director and Risk Manager er certificates of insurance 30 days prior to
the annual anniversary ate of the Effective Date of the Lease, which shows the
r
levels and types of insurance.
B. assess the levels and types of insurance
The Risk Manager shall annually � t
d the Lease. The Risk Manager may increase or decrease the
levels
required prior to the
or types of insurance by ring Lessee notice no less than 60 days
o �p g
annual anniversary r date of the Effective Date of the Lease. Lessee has 30 days
to procure the changed insurance and provide written proof of insurance to the
Aviation Director.
C. All insurance required by this Lease must be primary insurance and not in excess
of or contributing with other insurance which Lessee may carry. All policies must
name the City as an additional insured.
Section 30. Notice.
A. Notices are sufficient if in writing and seat by certified mail, return receipt
requested, postage prepaid, a
tae aid or b overnight delivery service as addressed below:
Page 12of1
If to the City:
Corpus Christi International Airport
Attn: Aviation Director
1000 International Drive
Corpus Christi, Texas 78406
If to Lessee:
Mr. Pat McDonough, Jr.
3542 CR57
Robstown, Texas 78380
B. Either party may change the address to which notices are sent under this section
by providing a change of address, in writing, to the other party within ten (10)
business days of the change.
Section 31. General Provisions.
A. Mineral Rights. City expressly reserves all water, gas, oil, and mineral rights in
and under the soil beneath the Premises.
B. No Waiver of Forfeiture. Any failure or neglect of the City Manager or Lessee at
any time to declare a forfeiture of this Lease for any breach or default whatsoever
hereunder does not waive the City's or the Lessee's right thereafter to declare a
forfeiture for a similar, other, or succeeding breach or default.
C. Force Majeure. Neither the City nor Lessee will be deemed to be in breach of
this Lease if either is p revented from performing any of its obligations hereunder
by reason of force majeure. "Force majeure" means any prevention, delay, or
stoppage due to strikes, lockouts, labor disputes, acts of God, including
inclement weather or periods of excessive rain or snow, inability to obtain labor
or materials or reasonable substitutes therefore, governmental restrictions or
requirements, governmental regulations, governmental controls, inability to timely
obtain governmental approvals, enemy or hostile governmental action, civil
commotion, fire or other casualty, and other causes beyond the reasonable
control of the party obligated to perform. All of the foregoing events excuse the
performance by either party for a period equal to any prevention, delay, or
stoppage, excluding the obligations imposed with regard to the payment of rental
�p g � g
and other charges to be paid by Lessee pursuant to this Lease.
D. ins. The Aviation Director may adopt and enforce rules,
Rules and Regulations. may
regulations, and policies to be uniformly applied to similar uses and users of
similar p ace which Lessee agrees to observe and obey with respect to the use
of the Premises and the Airport, and the health, safety and welfare of those using
the Premises and the Airport.
E.
Headings. The titles and headings in this Lease are used only for reference and
in no wa y define or limit the scope or intent of any provision of this Lease.
F. Venue. Venue of any action brought under this Lease lies in Nueces County,
Texas, exclusively, where the Lease was executed and will be performed.
Page 13 of 15
G. Successors and Assigns. Subject to the limitations upon assignment and
. J
transfer contained herein this Lease binds and inures to the benefit of the parties
hereto, their respective heirs, successors, and assigns.
H. No Third Party
Benefit. No provision of this Lease creates a third party claim
against the p
City of Corpus Christi, the Airport, or Lessee, beyond that which may
legally exist in the absence of any such provision.
. Lessee must pay, prior to the past due date, all taxes of
Taxes and Licenses. �
whatever character, including ad valorem and intangible taxes, that may be
upon the Premises or operations hereunder and upon Lessee's
levied or charged p
rights �
' to use the Premises, whether the taxes are assessed against Lessee or
Lessee must pay any and all sales taxes arising in connection
City. Additionally, p �
with its occupancy n or use of the Premises whether the taxes are assessed
y
against Lessee or City. Lessee must obtain and pay for all licenses or permits
necessary or required by law for the installation of equipment and for the conduct
of its operations under this Lease. If Lessee wishes to contest any tax or charge,
that contest will
not be a default under the Lease so long as Lessee diligently
prosecutes the
contest to conclusion and promptly pays whatever tax is
ultimately owed.
Furthermore Lessee must pay any taxes not being contested
prior to the past due date.
J. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of
all trash
and other refuse resulting from its operation on the Premises. Lessee
must provide and u se , within Lessee's leased area, suitable sealed and fireproof
receptacles approved b y the Aviation Director for all trash and other refuse
generated by
Lessee's use of the Premises. The piling of boxes, barrels, or
others
similar items in or within view from a public area is not permitted.
K. If Lessee consists of two or more individual persons or entities, each person or
named in this Lease is jointly and severally liable for all performances,
entity na this
and duties imposed the terms, conditions, and covenants of this
obligations, a� p by
Lease.
' Costs. All costs for publication of notice of this Lease required by the
L. Publication � p
City Charter, if any, must be paid by Lessee.
' Interests. l n compliance with Section 2 -349 of the City's Code of
M. Disclosure of �tere
the Lessee shall complete the City's Disclosure o Interests form,
Ordinances, p .
is attached to this Agreement as Exhibit D, the contents of which, as a
which is .
form, are incorporated in this document by reference as if fully set out
completed p
in this Lease.
Page 14 of 15
EXECUTED IN DUPLICATE ORIGINALS this day of , 2008.
Attest: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
George K. Noe
City Manager
Approved as to legal form: , 2008
Elizabeth R. Hundley
Assistant City Attorney
for the City Attorney
LESSEE: Pat McDonough, Jr.
Signature Date
STATE OF TEXAS
COUNTY OF
§
§
§
This instrument was acknowledged before me on - -- , 2008, by
Pat McDonough, Jr., TXDL # , an individual person.
Notary Public, state of Texas
Page 15 of 15
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI INTERNATIONAL AIf P F T
CORPUS CHRISTI, TEXAS
EXHIBIT
AIRCRAFT OPERATION AREAS SITE PLAN
AN
1
0100 400'
GRAPHIC SCALE
r
wmare444 "6-8
��
L::-:T1 MOVEMENT.AREA
F2= NON-MOVEMENT AREA
INACTIVE AREA
•
AV
LV VF
AIRPORT MOVEMENT/NON--MOVEMENT AREAS
CORPUS CHRISTI INTERNATIONAL I T.
CORPUS TEXAS
EXHIBIT C
INSURANCE REQUIREMENTS
Lessee's Liability insurance
A. Lessee
must not commence work under this agreement until all insurance required herein is
obtained and such insurance approved by the City. Lessee must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance,
the following minimum coverage insurance company (s) acceptable to the City's Risk
showing � g g by
Manager. The City must be named as an additional insured for the General Liability policy and a
blanket waiver of subrogation is required on all applicable polic1es.
TYPE OF INSURANCE
30-day written notice of cancellation, termination,
non - renewal or material change is required on all
certificates
MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
Per occurrence aggregate
Commercial General Liability or Farm Liability
coverage including:
1. Commercial Broad Form
2. Premises — Operations
3. Products/ Completed Operations Hazard
4. Contractual Liability
Independent Contractor
Broad Form Property Damage
Personal Injury
Herbicide/ Pesticide Liabilit
5.
6.
7.
8.
Farm Auto Liability or Automobile Liability - -
owned, non-owned or rented
$LOOOtOOO Combined Sin le Limit
$1,000,000 Combined Single Limit
Workers' Compensation or Farm Ranch Owners
Liability
Employers Liability
Applicable if employs any one other than
himself/ herself
Which complies with the Texas Workers
Com psation Act
$500,000
C.
In the e event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all
reports within (1 0) ten days of any accident.
2007 Airport Farm land lease ins. req.
Exhibit C (page 2 of 2)
I r ADDITIONAL, REOUIREMENTS
A. Lessee must obtain workers' compensation coverage through a licensed insurance company in
accordance with Texas law. The contract for coverage must be written on a policy and with
endorsements approved by the Texas Department of Insurance. The coverage provided must be in
amounts sufficient to assure that all workers' compensation obligations incurred by the Successful
Bidder will be promptly met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the General Liability
coverage and a blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting
the words, "endeavor to ", and deleting the wording after "left ".
In lieu of modification of the AC RD form, separate policy endorsements addressing the same
substantive requirements are mandatory.
' The name of the project must be listed under "Description of Operations"
• At a minimum, a 3O day written notice of cancellation, material change, non - renewal,
termination is required.
C. If the Certificate of Insurance on its face does not show the existence of the coverage required by
items 1. (1)-(8), an authorized representative of the insurance company must include a letter
specifically stating whether items I., (1)-(8) are included or excluded.
2007 Airport Farm land lease ins. req.
EXHIBIT D
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
CIO ofCorpus Christi Ordinance 17112, u amended, requires all persons or firms seeking ID do badness with the City
to provWe the following information. Every question must be ansvmed. If the clues:ion nx applicable, answer with
"NA". See reverse side for demotions.
COMPANY
P. 0. BOX:
STREET:
?rte IS: --Partnership . sole Owner )
4. Association S. Other )
DISCLOSURE QUESTIONS
Ifadditional space is necessary, please use the reverse side °fit& page or attach separatip Wit.
1. State the names ofd *` ofthe City ofCorpus atristi having 3%
or more ofthe ownership in the aboiie "finn."
Name Job Title and City Department (if known)
ZIP:
2. State the names of each "officiar of*. Cibr of Corpus Christi having an "ownership imeresr comcituting % or
more ofthe ownership in the above nab 'firm." -
Nino
Tide
3. State the names ofeach "board member'' ofthe Cky of Corpus Christi having an "ownetship interesr constituting
3% or more of the ownership in the above named
Name Board, Commission, or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Cbrisd who worked on any
shatter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the
ownership in the above named "firm."
Cbo:ultant
ERITFICATE
Iced* that all information provided is true and correct as of the date of this will statement that i have not knowingly
withheld disclosure of an anon requested; and that supplemental statements wi be promptly submitted to e
City of Corpus Christi, Texas as changes occur.
CertifyingPerson: -
Signature of Certifying Person:
Tide:
Date:
■
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
FIVE -YEAR LEASE, BEGINNING SEPTEMBER 1, 2007, WITH JAMES
P. KELLY FOR CROP FARMING ON APPROXIMATELY 533 287
ACRES LOCATED AT THE CORPUS CHRISTI INTERNATIONAL
AIRPORT, IN CONSIDERATION OF THE PAYMENT OF AN ANNUAL
FEE OF $50 PER ACRE; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a fire -year lease,
beginning September 1, 2007, with James P. Kelly "Lessee" for crop farming to be
conducted on approximately 533.287 acres located at the Corpus Christi International
Airport, in consideration of Lessee paying an annual fee of $50 per acre. A copy of the
lease is attached and will be on file with the City Secretary.
SECTION 2. Upon the written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the of February, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to form:
IQ
Elfab R. Hundley
Assist = t City Attorney
for the City Attorney
EHord220.doc
2008
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas:
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: 1 we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
respectf I ly, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M cut hon
EH 2O.do
FARM LEASE AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
JAMES P. KELLY
WHEREAS, the City of Corpus Christi ("City") owns the Corpus Christi Inter- -
national Airport ("Airport"), located in Corpus Christi, Nueces s County, Texas;
WHEREAS, James P. Kelly ("Lessee") desires to lease a certain parcel of land
at the Airport for crop farming purposes; and
WHEREAS, the parties desire to enter into a written lease for approximately
533.287 acres of land to permit Lessee to engage in crop farming ("Lease").
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Lease, the parties agree as follows:
Section 1. Parties. This Lease is made by and between the City, acting through its
duly authorized City Manager, or his designee ( "city Manager"), and James P. Kelly, as
Lessee, an individual residing in the State of Texas.
Section 2. Premises. The City leases to Lessee the land located on the Airport
property, as more particularly described in the attached Exhibit A ("Premises"), which
exhibit is incorporated into this Lease as if fully set out herein. The Premises consists of
approximately 533.287 acres of land, excluding a ten -foot (10') easement along any
perimeter fence abutting the Premises.
Section 3. Term. Subject to the remaining terms and conditions of this Lease, the
term ("Term") of this Lease is five (5) years, beginning September 1, 2007, ("Effective
Date"), and terminating at the close of business on August 31, 2012 "Termination
Cate ".
Section 4. Lease Payments.
A. Calculation. Lessee agrees to pay the City Fifty Dollars ($50) per acre annually
(Lease Payment"). Lessee shall remit the initial Lease Payment not later than
5:00 p.m. Central Standard Time on the Wednesday immediately following the
date this Lease is finally approved by the City's City Council "City Council ". All
subsequent Lease Payments are due on every calendar year anniversary of the
Effective Date of this Lease.
B. Paying Rent. The Lease Payment is due and payable in full in the form of a
cashier's check or cash. The Lease Payment must be delivered to the following
address:
Corpus Christi International Airport
1000 International Drive
Corpus Christi, Texas 78406
Section 5. Lease Agent. The City's Director of Aviation, or his designee ("Aviation
Director"), shall administer this Lease and serve as the City's agent to receive all Lease
Payments, notices, and reports due under this Lease.
Section 6. Use of Premises. Lessee must use the Premises for the purposes of crop
farming and for no other purpose without the express written consent of the City
Manager. Lessee may not construct any improvements on the Premises. Lessee may
not use the Premises for storage of equipment or supplies.
Section 7. Acceptance. By Lessee's execution of this Lease, Lessee acknowledges
that Lessee has read this Lease and understands that this Lease is not binding on the
City until properly authorized by the City's City Council and executed by the City
y � � r
na er. Lessee also acknowledges that Lessee has inspected the Premises and
Manager. .
is the Premises in its present physical condition, as is, including any and all
accepts p
defects known and unknown that may exist.
Section 8. Assignment and Sublease. Lessee may not at any time assign, transfer,
convey, sublet, mortgage, pledge, or encumber Lessee's interest in this Lease or any
of the Premises to any party without the prior written consent of the City, which
part p
approval will not be unreasonably withheld. In the event that Lessee directly or
indirectly assigns, transfers, conveys, sublets, mortgages, pledges, or otherwise
encumbers this Lease or any ortion of the Premises without the prior written consent of
the City, the City may, in its sole discretion, terminate this Lease.
Section Required Modification r Amendment of Lease. If the Federal Aviation
9. e q
Administration or its successor "FAA" requires modifications or amendments to this
Lease as a condition precedent to granting funds for Airport improvements, Lessee
agrees es to consent to the modifications or amendments to this Lease as may be
reasonably required for the City to obtain the funds; provided, however, that Lessee will
reaso y ]
not be required to pay increased Lease Payments, change the use of the Premises, or
accept a relocation or reduction in size of the Premises until Lessee and the City have
fully ull executed an amendment to this Lease that is mutually satisfactory to all parties
regarding any terms or conditions of this Lease affected by said required actions.
Section 10. Reservation f Use.
A. The City reserves the right to sell, use, or lease for a use different from the
present use all or any portion of the Premises at anytime during the term of this
p p
Lease. if the Premises are used or leased before the Expiration Date and the
purchaser or new lessee is not willing to take the Premises subject to this Lease and demands immediate possession, then Lessee agrees to vacate an d
surrender p ossession within fifteen 1 days after receipt of notice to vacate.
B. If it becomes necessary for Lessee to vacate in the event of a sale or new lease,
then the city c shall pay Lessee for the land or portion thereof so vacated the
following amounts, to -wit:
Page 2of1
(1) If the land has been plowed and prepared for a new crop, but before the
crop has been planted, the actual expense of working the acreage vacated
plus $5.00 per acre.
(2)
If there is a growing crop, then the average return on an acreage basis
that the same crops bring on other land covered by this Lease or, if there is
no other land covered by this Lease, then on similar land in the immediate
vicinity.
C. Any y ments made to Lessee under this section shall be based on the Lessee's
share of the crop land actually cultivated and farmed under this Lease, less
harvesting costs.
Section' 11. Subordination to U.S. and FAA Requirements. This Lease is
subordinate to the provisions of any existing or future agreement between the City and
the government of the United States relating to the operation or maintenance of the
Airport, where the execution of said agreement(s) is required as a condition to the
expenditure of federal funds for the development of the Airport. If the effect of said
agreement (s) with the United States, either under this Section 11 or under Section 9
above, is to take any of the Premises under this Lease out from the control of City, then
City shall make every effort to provide Lessee with land substantially similar to the
Premises used by Lessee for the remainder of the Term if similar premises are available
for the type of use granted within this Lease.
Section 12. Maintenance; Utilities.
A. Lessee, at its own expense, shall maintain the Premises in good appearance and
repair and in a safe condition. Lessee shall, except during the growing season
prior to harvest, keep the Premises mowed to a height under 12 inches.
B. Within seven days of harvest, Lessee shall plow under the remains of the
harvested crop. Additionally, Lessee shall spray the plowed -under areas with an
approved growth inhibitor in order to prevent secondary growth of the remains.
C. Lessee must ensure that the Premises are maintained free of foreign object
debris and shall control soil erosion on the Premises.
D. The Aviation Director is the sole judge of the quality of Lessee's maintenance,
which must be reasonable and consistent with other City and Airport properties.
The Aviation Director may at any time during City's normal business hours,
without prior notice, enter upon the Premises to determine if Lessee is fulfilling
the maintenance requirements of this Lease. The Aviation Director must notify
Lessee in writing of any default. If the required maintenance, in Aviation
Director's deficiency notice to Lessee, is not commenced by Lessee within 15
days after receipt of written notice, or is not diligently prosecuted to completion
within the time stated, the Aviation Director may enter upon the Premises and
perform the subject maintenance, and Lessee agrees to reimburse the City for its
Page 3 of 1
cost plus 20% overhead within 30 days after the Aviation Director's written
demand therefor, together with copies of all bids for the repairs and maintenance.
E. Lessee must immediately remove or correct any hazardous or potentially
y
hazardous condition on the Premises upon knowledge thereof, or after receipt of
notice from the Aviation Director, whichever occurs sooner. At the Aviation
Director's direction, Lessee must close the Premises, or affected portion, until the
hazardous or potentially hazardous condition is removed or corrected.
P. Lessee, at its own expense, shall replace any and all utility lines and equipment
located on the Premises which may be damaged or destroyed as a result of
Lessee's farming or agricultural operations. Lessee, at its own expense, shall
repair any and all damage caused to the Premises as a result of the willful or
negligent acts or omissions of Lessee, its employees, or agents.
G. Lessee shall pay for all utilities, including water and waste disposal, Lessee uses
at the Premises.
H. Crop Setbacks.
(1) Lessee shall plant crops no closer than 10 feet to any Airport perimeter
fence.
Lessee shall plant crops no closer than 575 feet from any runway
centerline and no closer than 1,000 feet from the end of any runway.
Lessee shall plant crops no closer than 130 feet from the centerline of
any taxiway.
Lessee shall plant crops no closer than 113 feet from the edge of any
aircraft apron.
Section 13. Inspection and Premises Access. The Aviation Director shall have the
right to insp ect the Premises during the City's normal business hours, without prior notice. The City reserves the right to install wildlife control devises and to take
additional wildlife control measures, as may be necessary. The City shall have the right
at any and all times of ingress and egress on and over the Premises for the purposes of
conducting and carrying on any business incident to activities of the City.
Section 1. Security Badges. Each of Lessee's employees needing access to a
restricted area including the area outlined in Section 15 of this Lease) must wear a
security badge while in the restricted area. Lessee will pay an issuance fee for each
badge and a replacement fee for each lost security badge. The Aviation Director may
also require the payment issued
of a reasonable deposit fee for each security badge ssued
consistent with fees charged to other tenants at the Airport. Lessee must notify the
Aviation Director immediately after any employee of Lessee who was issued a security
badg e is terminated or loses a badge. Lessee and Lessee's employees must comply
with all City and federal security regulations and requirements.
Page 4 of 1
Section 15. Access to the Aircraft Operating Area.
A. Lessee and its respective contractors, suppliers of materials, furnishers of
services, es, ern plo Tees, agents, and business invitees must comply with all present
and future laws, rules, regulations, and ordinances promulgated by the City, the
Airport, the federal Transportation Security Administration "TSA" , the FAA, or
other governmental agencies to protect the security and integrity of the Airport's
aircraft operating area "AOA"), as shown on the attached Exhibit B, which is
incorporated in this Lease as if fully set out herein. Subject to the approval of the
Aviation Director, Lessee must adopt procedures to control and limit access to
the AOA by Lessee and its respective contractors, suppliers of materials,
furnishers of services, employees, agents, and business invitees in accordance
with all present and future City, Airport, TSA, and FAA laws, rules, regulations,
and ordinances.
B. Lessee must pay all FAA and TSA fines associated with security breaches or
infractions committed by Lessee's employees, agents, contractors, suppliers, and
business invitees in the AOA, regardless of whether the fine is assessed to the
City or the Airport, as set out in the City Code of Ordinances, Sec. 9 -31.
C. Lessee agrees to indemnify, hold harmless, and defend the City,
its officers, employees, agents, and representatives against the
risk of legal ilability for death, injury, or damage to persons or
property, direct or consequential, arising from entry of persons
into the AOA where permitted, allowed, or otherwise made
possible by Lessee, its employees, contractors, suppliers of
materials, furnishers of services, business invitees, agents, or
any other person under the direction of Lessee in violation of
City, Airport, TSA, and FAA laws, rules, regulations, or
ordinances or Lessee's approved procedures for controlling
access to the AOA.
D. Lessee will have access to the Premises, subject to compliance with all
applicable Airport, TSA, and FAA security procedures. Movement of all persons
in the AOA and Premises must be cleared in accordance with Airport, TSA, and
FAA rules and regulations. Lessee is primarily responsible for opening and
closing any security gates and doors permitting access between the Premises
and the AOA.
E. No vehicles owned or operated by Lessee may operate within the movement or
non - movement areas of the AOA except those in compliance with Airport, TSA,
and FAA rules and regulations.
Section 1, Operation within Airport Certification. Lessee must comply with all
rules that are applicable to its operations at the Airport under the Airport Certification
Rules of the Federal Aviation Regulations ("FAR"), Part 139, as amended [14 CFR Part
Page 5 of 15
139, as amended]. Copies of the FAR are available in the office of the Aviation
Director.
Section 17. Federal Code Requirements for Equipment Use. Lessee covenants to
comply with the notification and review requirements set out in the FAR, Part 77, as
amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its
operation that requires notification as outlined in this regulation. Copies of the FAR are
available in the office of the Aviation Director.
Section 18. Control of Structures and Equipment. Lessee may not make use of or
operate any structure, building, antenna, object, or equipment which has its highest
point above a mean sea level elevation established by the FAA or the City as a height
limitation on said structure, building, antenna, object, or equipment. City may enter the
Premises and remove any such structure, building, antenna, object, or equipment and
assess the removal expense against Lessee plus a 20% overhead charge.
Section 19. Aerial Approaches. The City Manager may take any action necessary to
protect the Airport's aerial approaches against obstruction, including the right to prevent
Lessee from operating any object or equipment on or adjacent to the Airport, which, in
the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a
hazard to aircraft. Lessee will not make or permit any use of the Premises which would
interfere with landing or taking off of aircraft at the Airport or otherwise constitute an
Airport hazard including, but not limited to, electrical or electronic interference with
communications, electrical, or electronic equipment or the creation of smoke, dust, or
glaring or misleading lights.
Section 20. Right to Overflight. The City hereby reserves, for the use and benefit of
the public, a right of flight for the passage of aircraft above the surface of the Premises
together with the right to cause in the airspace noise as may be inherent in the
operation of aircraft now known or hereafter used for navigation thereof or flight in the
air, and using the airspace for landing at or taking off from, or operating on, the Airport.
Section 21. Hazardous Substances.
A. Lessee covenants to comply with all environmental laws, rules, regulations,
orders, and permits applicable to Lessee's operation on or in the vicinity of the
Airport including, but not limited to, required National Pollutant Discharge
Elimination System permits and all applicable laws relating to the use, storage,
generation, treatment, transportation, or disposal of hazardous or regulated
substances.
B. Except for hazardous substances governed by and transported in full compliance
with the transportation laws of the State of Texas or federal government, Lessee
must not use, store, generate, treat, transport, or dispose of any hazardous or
regulated substances or waste on or near the Airport without the Aviation
Director's prior written approval and without first obtaining all required permits
and approvals from all authorities having jurisdiction over Lessee's operation on
or near the Airport.
Page 6 of 15
C. If Lessee determines that a threat to the environment including, but not limited to,
a release, discharge, ill, or deposit of a hazardous or regulated substance has
occurred or is occurring which affects or threatens to affect the Airport or
persons, structures, equipment, or other property located thereon, Lessee must
# immediately verbal report in person or by telephone, to be promptly
notify y �
confirmed in writing, the Aviation Director, (2) the Airports Public Safety
Office, emergency response centers, and environmental or regulatory
agencies, as required by law or regulation, and must follow such verbal report
with all written reports required by law.
D. Lessee agrees to cooperate fully with the Airport in promptly responding to,
reporting, and remedying a threat to the environment including, without limitation,
a release or threat of release of a hazardous or regulated substance into the
drainage systems, soils ground water, waters, or atmosphere, in accordance
with pp livable law and as authorized or approved by any federal, state, or local
agency having authority over environmental matters.
Lessee must keep a readily accessible file of materials safety data ("MSD") �. Les � sheets for each hazardous substance on site or transported to the Premises, in
accordance with federal and State transportation laws, which file must be posted
and immediately available to any Airport or City employee who responds to the
scene (Premises) in the event of a discharge of a hazardous substance.
Lessee's employees must try to determine which hazardous substance was
discharged and have that MSD sheet available for the first responders to the
scene.
F. Lessee must promptly undertake all required remediation and pay all costs
associated with Lessee's action or inaction that directly or indirectly prevents the
Airport from materially conforming to all then applicable environmental laws,
rules, regulations, orders, or permits.
G. Lessee agrees and acknowledges that the obligations set forth in this section
survive termination of this Lease.
Section 22. Nondiscrimination and Affirmative Action.
A.
Nondiscrimination - General. Lessee, for itself, its employees, agents, and
representatives, as a part of the consideration for the making of this Lease,
covenants that: (1) no person on the grounds of race, creed, color, religion, sex,
age, national origin, handicap, or political belief or affiliation will be excluded from
participation ation in denied the benefits of, or otherwise be subjected to
discrimination in the use of the Premises; (2) Lessee will use the Premises in
compliance with all requirements ents imposed by or pursuant to 14 CFR Part 152,
Subpart E, Nondiscrimination in Airport Aid Program, Title VI of the Civil Rights
Act of 1 964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation, and as said Title and
Page 7 of 15
regulations may be amended, and with other applicable State and federal laws,
rules, or regulations, as amended.
B. Nondiscrimination - Business Owner. This Lease is subject to the requirements
of 49 CFR Part 23. Lessee agrees that it will not discriminate against any
business owner because of the owner's race, color, national origin, or sex in
connection with the award of performance or any concession agreement,
management contract or subcontract, purchase or lease agreement, or other
agreement covered by 49 CFR Part 23.
C. Remedy for Breach. If Lessee breaches a nondiscrimination covenant, the City
may immediately reenter the Premises, and the Premises and all Lessee's
interest therein reverts to the City. This provision is not effective until the
procedures edures of 49 CFR Part 21 are completed, including exercise or expiration of
appeal rights.
D. Affirmative Action. Lessee covenants that it will undertake an affirmative action
program as required by 14 CFR Part 152, Subpart E, to ensure that no person on
the grounds of race, creed, color, religion, sex, age, national origin, handicap, or
political belief or affiliation is excluded from participating in any employment
activities covered in 14 CFR Part 152, Subpart E. Lessee covenants that no
person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that subpart. Lessee
further covenants to require its covered sub - organizations to provide similar
assurances to Lessee to undertake affirmative action programs and to require
assurances from their sub - organizations, as required by 14 CFR Part 152,
Subpart E. Lessee, at its own expense, will comply with any applicable
requirements of the Americans with Disabilities (ADA) Act, as it may be
amended.
Section 23. Compliance with Laws.
A. General. Lessee must promptly observe, comply with, and execute the
provisions of any and all present and future governmental laws, ordinances,
rules, regulations, requirements, orders, and directives applicable to Lessee
use and occupancy of the Premises. Failure to observe or comply with any law,
rule, or regulation will subject this Lease to cancellation by the City under Section
24 of the Lease.
B. Federal. Lessee covenants to comply with all applicable federal laws, rules, and
regulations including, without limitation, the Drug Free Workplace Act, the
Violence in the Workplace Act, the Americans with Disabilities Act, and any other
acts that the U.S. Con ress passes that apply to any entity that operates at the
Airport.
C. State and Local Laws. Lessee covenants to comply with all applicable State and
local laws, rules, regulations, and policies.
Page 8 of 1
Section 24* Cancellation; Termination; Re-entry.
A. Cancellation by Lessee. Without limiting any other rights and remedies to which
Lessee may be entitled by common law, statutory law, or as elsewhere provided
in this Lease, this Lease may be canceled by Lessee at any time after the
happening, and during the existence, of one or more of the following events:
1. The permanent abandonment of the Airport;
2. The lawful assumption by the United States government, or any authorized
agency thereof, of the operation, control, or use of the Airport, or any
substantial part or parts thereof, that substantially restricts Lessee from
operating for at least 150 days;
3. The issuance by any court of competent jurisdiction of an injunction that
prevents or restrains the use of the Airport by the Lessee and that continues
for at least 150 days; or
4. The default by the City in the performance of any covenant and the failure of
the City to remedy the default within 60 days after receipt from Lessee of
written notice to remedy the same.
B. Termination by City. Without limiting any other rights and remedies to which City
may be entitled by common law, statutory law, or as elsewhere provided in this
Lease, this Lease may be terminated by City if Lessee;
1. Is in arrears in the payment of any portion of the Lease Payment or of any
fees or charges required to be paid by Lessee under this Lease in excess of
ten 10 business days ( "business" days are Monday through Friday) or other
time as may be provided herein;
2. Makes a general assignment for the benefit of creditors;
3. Abandons the Premises or any part thereof;
4. otherwise defaults in the performance of any of Lessee's covenants and
continues the default in excess of 30 days or other time as may be provided
herein, after receipt of written notice from Aviation Director of the default. If
the default cannot reasonably be cured within 30 days or within any other
time set out in the notice of default, Lessee shall submit a plan to remedy the
default to the Aviation Director for approval within thirty (30) days from receipt
of the notice. The Aviation Director shall have sole discretion regarding the
approval or rejection of Lessee's proposed plan.
C. City's Right to Entry.
1. If the City terminates this Lease or if Lessee abandons the Premises, the City
may enter upon the Premises.
Page 9 of 15
2. In the event of termination by City or abandonment by Lessee, Lessee hereby
irrevocably appoints the City Manager as its agent to remove any and all
persons and property from the Premises and place any property in storage for
the account of and at the expense of Lessee. All property on the Premises
is hereby subject to a contractual landlord's lien to secure payment of
delinquent rent and other sums due and unpaid under this Lease, and
any and ail exemption laws are hereby expressly waived in favor of said
landlord's lien. Futhermore, it is agreed that said landlords lien is not a
waiver of any statutory or other lien given or which may be given to City
by the Lessee but is in addition thereto.
3. Lessee agrees, that in the case of a default, if Lessee fails to remove any
property ert on the Premises within thirty days following the default, the City
Manager may sell Lessee's property found on the Premises at a public or
private sale with proceeds of the sale applied first to the cost of the sale, then
p
to the cost of storage of the property, if any, and then to the indebtedness of
Lessee, with the surplus, if any, to be mailed to Lessee at the address herein
designated. If the City terminates this Lease and reenters the Premises, the
City may relet the Premises and, if a sufficient sum is not realized after paying
the expenses of the reletting to satisfy the rent owed and other sums agreed
to be paid by Lessee, Lessee agrees to pay any deficiency within 30 days of
the Aviation Director's written demand therefor.
D. Notice of Termination. If an event of default occurs and, after due notice
identifying the default, the defaulting party has failed to cure, the complaining
party art may at any time after the expiration of any cure period terminate this Lease
by p g rovidin written notice of termination. The Lease will be terminated on the
date specified in the notice but not sooner than five business days after the
postmarked date of the notice. Rental payments are payable only to the date of
termination. This Subsection is subject to the requirements set out in Subsection
B of this Section.
Section 25. Property Removal upon Expiration or Termination.
A. Removal of Equipment. Upon termination or expiration of this Lease, Lessee
may remove all equipment on the Premises so long as Lessee removes same
within 30 calendar days after termination or expiration of the Lease. Any damage
to the Premises caused by Lessee's removal of its property must be repaired by
Lessee within 15 business days after termination or expiration of the Lease, at
Lessee's expense, and to the satisfaction of the Aviation Director.
B. Notwithstanding the foregoing, if Lessee fails to remove equipment within 30
days from the date of termination or expiration of this Lease, then the City
Manager, may at his or her option, take title to the said personalty and sell, lease,
or salvage the same, as permitted by law. Any net expense the City Manager
incurs on behalf of the City in disposing of the personalty must be paid by Lessee
within 10 days of the City Manager's written demand thereof. The City Manager
will provide Lessee with a written itemized breakdown of the costs recaptured, if
Page 10 of 1
any, by the sale, lease, or salvage of the property, and the balance due, which
must be paid by Lessee upon receipt of said itemized breakdown.
Section 26. Holdover. Any holding over by Lessee of the Premises after the
expiration or other termination of this Lease will be on a month -to -month tenancy at
sufferance, at the then current monthly rental rate, and Lessee agrees to surrender the
Premises upon 30 days written notice. Failure to timely surrender Premises following
notice subjects Lessee to payment of a monthly holdover fee equal to the then current
monthly rent (Lease Payment) for each month of delay, in addition to the payment of
rent.
Section 27. Re- delivery of Premises. Upon expiration or termination of this Lease,
Lessee must deliver the Premises to City peaceably, quietly, and in as good condition
as the same now are or may be hereafter improved by Lessee or City, normal use and
wear thereof excepted. In addition to a landlord's lien provided by the law of the State
of Texas, the City has a contractual lien on all property of Lessee on the Premises as
security for nonpayment of rent.
Section 28. Indemnification.
A. GENERAL. — Lessee must indemnify, hold harmless, and defend
the City of Corpus Christi, its officers, employees, agents, and
representatives from and against any and all claims and causes
of action, administrative proceedings, judgments, penalties,
fines, damages, losses, demands, liabilities, or expenses
whatsoever (including reasonable attorney's fees and costs of
litigation, mediation, and administrative proceedings) which may
be brought, alleged, or imposed against the .City, its officers,
employees, agents, or representatives arising directly or
indirectly from or in any way connected with (1) any property
damage or loss, persona! injury including death, or adverse
effect on the environment arising out of Lessee's action or
inaction with regard to the operations of Lessee hereunder,
including the use or occupancy of the Premises, or in providing
access to secured areas of the Airport as set out herein,
excepting only that Iiability as may result from the gross
negligence or the willful misconduct of the City, including its
officers, employees, agents, and representatives; {ii) the failure
of Lessee, its agents, or employees to comply with the terms
and conditions of this Lease or to comply with any applicable
federal, State, or local laws, rules, regulations, or orders
including, but not limited to, any and all applicable federal, State,
or Local environmental Laws, rules, regulations, or orders; or (iii)
release of any hazardous or regulated substances or waste onto,
Page 11 of 15
into, or from the Premises or other Airport property, connected
in any way with Lessee's operations or the action or inaction of
Lessee, its agents, or employees, regardless of whether the act,
omission, event, or circumstance constituted a violation of
applicable law at the time of the occurrence. The rights and
obligations set forth in this Paragraph shall survive the
termination of this Lease.
a NOTICE — Notwithstanding the above indemnifications, Lessee must give the
Aviation Director notice of any matter covered hereby and forward to the Aviation
Director copies of every demand, notice, summons, or other process received in
any claim or legal proceeding covered hereby within 10 working days of Lessee's
receipt of said notice, demand, summons, or other process.
a INDEMNITY WAIVER — Lessee, if a charitable association, corporation, entity, or
individual enterprise having or claiming an immunity or exemption (statutory or
otherwise) from and against Liability for damage or injury to property or persons,
hereby expressly waives its right to plead defensively the immunity or exemption
p �
as against City, including its officers, employees, agents, or representatives, as
the case may be.
Section 29. Insurance.
A. Lessee must provide insurance in the amounts and types of coverages required
� s
by
the City's Risk Manager er (Risk Manager"), a copy of which is attached and
g
incor orated as Exhibit C. Lessee's insurance company must provide the
Aviation Director and Risk Manager certificate(s) of insurance 30 days prior to
the annual anniversary date of the Effective Date of the Lease, which shows the
levels and types of insurance.
B. The Risk Manager shall annually assess the levels and types of insurance
required by the Lease. The Risk Manager may increase or decrease the levels
or types of insurance by giving Lessee notice no less than 60 days prior to the
annual anniversary ate of the Effective Date of the Lease. Lessee has 30 days
r
to procure the changed insurance and provide written proof of insurance to the
Aviation Director.
C. All insurance required by this Lease must be primary insurance and not in excess
of or contributing with other insurance which Lessee may carry. AD policies must
name the City as an additional insured.
Section 30. Notice.
A. Notices are sufficient if in writing and sent by certified mail, return receipt
requested, postage osta� a p repaid, or by overnight delivery service as addressed below:
q
Page 12 of 1
If to the City'
Corpus Christi International Airport
Attn: Aviation Director
1600 International Drive
Corpus Christi, Texas 78406
!fto Lessee:
James R Kelly
6601 Bear Lane
Corpus Christi, Texas 78406
B. Either party may change the address to which notices are sent under this section
by providing a change of address, in writing, to the other party within ten 10
business days of the change.
Section 31. General Provisions,
A. Mineral Rights. City expressly reserves all water, gas, oil, and mineral rights in
and under the soil beneath the Premises.
B. No Waiver of Forfeiture. Any failure or neglect of the City Manager or Lessee at
any time to declare a forfeiture of this Lease for any breach or default whatsoever
hereunder does not waive the City's or the Lessee's right thereafter to declare a
forfeiture for a similar, other, or succeeding breach or default.
C. Force Majeure. Neither the City nor Lessee will be deemed to be in breach of
this Lease if either is prevented from performing any of its obligations hereunder
by reason of force majeure. "Force majeure" means any prevention, delay, or
stoppage due to strikes, lockouts, labor disputes, acts of God, including
inclement weather or periods of excessive rain or snow, inability to obtain labor
or materials or reasonable substitutes therefore, governmental restrictions or
requirements, governmental regulations, governmental controls, inability to timely
obtain governmental approvals, enemy or hostile governmental action, civil
commotion, fire or other casualty, and other causes beyond the reasonable
control of the party obligated to perform. All of the foregoing events excuse the
performance by either party for a period equal to any prevention, delay, or
stoppage, excluding the obligations imposed with regard to the payment of rental
and other charges to be paid by Lessee pursuant to this Lease.
D. Rules and Regulations. The Aviation Director may adopt and enforce rules,
regulations, and policies to be uniformly applied to similar uses and users of
similar space, which Lessee agrees to observe and obey with respect to the use
of the Premises and the Airport, and the health, safety and welfare of those using
the Premises and the Airport.
E. Headings. The titles and headings in this Lease are used only for reference and
in no way define or limit the scope or intent of any provision of this Lease.
F. Venue. Venue of any action brought under this Lease lies in Nueces County,
Texas, exclusively, where the Lease was executed and will be performed.
Page 13 of 15
and Assigns. Subject to the limitations upon assignment and
G. Successors �
transfer
contained herein this Lease binds and inures to the benefit of the parties
hereto, their respective heirs, successors, and assigns.
provision H. No
Th1rd Party o ,
Benefit of this Lease creates a third party claim
against
the City of Corpus Christi, the Airport, or Lessee, beyond that which may
legally exist in the absence of any such provision.
s, Lessee must prior to the past due date, all taxes of
I.
Taxes and Licenses. pay, �
h ratter including ad valorem and intangible taxes, that may be
whatever a
levied d or charged upon the Premises or operations hereunder and upon Lessee's
rights to use the Premises, whether the taxes are assessed against Lessee or
i nall Lessee must pay any and all sales taxes arising in connection
City. Alit � �
with its occupancy ano or use of the Premises whether the taxes are assessed
against Lessee or City. Lessee must obtain and pay for all licenses or permits
by necessary or required law for the installation of equipment and for the conduct
q
of its operations under this Lease. If Lessee wishes to contest any tax or charge,
that contest
will not be a default under the Lease so long as Lessee diligently
prosecutes
the contest to conclusion and promptly pays whatever tax is
ultimately owed.
Furthermore, Lessee must pay any taxes not being contested
prior to the past due date.
J. Trash and Refuse. . Lessee must arrange for the collection and Iarful disposal of
all trash
and other refuse resulting from its operation on the Premises. Lessee
must provide and use, within Lessee's leased area, suitable sealed and fireproof
,
receptacles approved by the Aviation Director for all trash and other refuse
� � �
generated
Lessee's use of the Premises. The piling of boxes, barrels, or
other similar items in or within view from a public area is not permitted.
K. If Lessee consists of two or more individual persons or entities, each person or
i named in this Lease is jointly and severally liable for all performances,
entity obligations, and nd duties imposed by the terms, conditions, and covenants of this
Lease.
Costs. All costs for publication of notice of this Lease required by the
L. Publication �
City Charter, if any, must be paid by Lessee.
M. Disclosure of Interests. In compliance with Section 2 -349 of the City's Code of
the Lessee shall complete the City's Disclosure of Interests form,
Ordinances, ,
attached to this Agreement as Exhibit CI, the contents of which, as a
which is g
completed
form, are incorporated in this document by reference as if fully set out
in this Lease.
Page 14 of 15
EXECUTED IN DUPLICATE ORIGINALS ALS this day of , 2008.
Attest: CITY OF CORPUS CHRISTI
Armando C a pa
City Secretary
George K. Noe
City Manager
Approved as to legal form: , 2008
Elizabeth R. Hundley
Assistant City Attorney
for the City Attorney
LESSEE: James P. Kelly
Signature Date
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on , 2008, by
TX DL L _ _ _ - - -�,
an individual person.
Notary Public, State of Texas
Page 15 of 1
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EXHIBIT
AIRCRAFT OPERATION AREAS SITE PLAN
AIRPORT it4OVEMENT/NON•--140VEMENT AREAS
CORPVS CHRISTI INTERNATIONAL AIRP T.
CORPUS RITZ, TEXAS
EXHIBIT C
JNSLLINCE REQUIREMENTS
TS
1. Lessee' Liabilit Insurance
A. Lessee must not commence work under this agreement until all insurance required herein is
obtained and such insurance approved by the City. Lessee must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance,
showing the following minimum coverage by insurance company(s) acceptable to the City's Risk
Manager. The City must be named as an additional insured for the General Liability policy and a
blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day written notice of cancellation, termination,
non- renewal or material change is required on ail
certificates
Conunercial General Liability or Farm Liabffity
coverage including:
1. Commercial Broad Form
2. Premises — Operations
3. Products/ Completed Operations Hazard
4, Contractual Liability
5. Independent Contractor
6. Broad Form Property Damage
7. Personal Lnjury
8. Herbicide/ Pesticide Liabili
Farm Auto Liability or Automobile Liability -___
owned, non-owned or rented
Workers' Compensation or arm Ranch Owners
Liability
Employers Liability
Bodily Injury and Property Damage
Per occurrence aggregate
$LOqQOOOQmbinedSing1e Limit
$1,000,000 Combined Single Limit
Applicable if employs any one other than
himself herself
which corn lies with the Texas Workers
Compensation Act
$500,000
C. in the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all
reports within 10 ten days of any accident.
2007 Airport Farm land lease ins. req.
Exhibit C (page 2 of 2)
II. ARPXIQQJ1EMENTS
A. Lessee must obtain workers' compensation coverage through a licensed i
EXHIBIT D
CITY OF CORPUS CEIUSTI
DISCLOSURE OF INTEREST
Chi of Chiisti Ordinance 17112, as amended, requires all persons or firms seOzing ID do business with the City
o provWe following information. Every question must be ansvered. If the question is zit applicable, answer
". Sew reverse sift for dermitions.
COMPANY Ma
P. O. BOX
snuEET: rcITY: ZIP; _
Mt S: 1. Corporation 2. loartnership . S! Or
1,eiP
er ( )_ _
DISCLOSURE QVESTIONS
If addidonal space is necarry, lease use the reverse side atlas page or attach stet.
1. Sty the names of eich ofthe Cky of Corpus Christi having an constituting 3%
or more oftbe ownership in the above aimed "fn."
Name Job Title and City Department (if known)
2. Stye the yes of each "official" of the CiV of Corpus Christi having an "ownership co 3% or
more of the ownership in the above n "farm."
Name
Title
s.
3. State the names of each member" of the City pf Corpus Christi having an "ownenbip interesr constituting
3% or more of the ownership in the above named
Name Board, Commission, or Committee
4. State the names of each employee or officer of a "consultant' for the City of Corte Chi who worked on any
shatter red to the subject of this contract and has an "ownership interest' 3% or more of the
ownership in the above named "finn."
Consultant
CERTIFICATE
f
certify that all information provided is true and correct as of the date of this siatement. that have not Imowingly
withheld disclosure o information requested; and that supplemental statements will be promptly submitted to tile
City of Corpus Christi, Texas as changes our.
Certifying Person — - Title:
Signature of Certifying Person: bate:
i
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
FIVE -YEAR LEASE, BEGINNING SEPTEMBER 1, 2007, WITH TOMMY
M. BERNSEN AND DOLORES H. BERNSEN FOR CROP FARMING ON
APPROXIMATELY 336.78 ACRES LOCATED AT THE CORPUS
CHRISTI INTERNATIONAL AIRPORT, IN CONSIDERATION OF THE
PAYMENT OF AN ANNUAL FEE OF $50 PER ACRE; AND
DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a five-year lease,
beginning September 1, 2007, with Tommy M. Bernsen and Dolores Bernsen
(collectively, "Lessee") for crop farming to be conducted on approximately 336J8 acres
located at the Corpus Christi International Airport, in consideration of Lessee paying an
annual fee of $50 per acre. A copy of the lease is attached and will be on file with the
City Secretary.
SECTION . Upon the written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the of February, 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form:
10 j
Eliza • h R. Hundley
Asses - nt City Attorney
for the City Attorney
EHord l9.do
, 2008
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
CIL
Corpus Christi, Texas:
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: l /ire, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
EHord2 i 9.dac
FARM LEASE AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
TOMMY M. BERNSEN AND DOLORES H. BERNSEN
WHEREAS, the City of Corpus Christi ("City") owns the Corpus Christi Inter -
national Airport ("Airport"), located in Corpus Christi, Nueces County, Texas;
WHEREAS, Tommy M. Bernsen and Dolores H. Bernsen (collectively, "Lessee")
desire to lease a certain parcel of land at the Airport for crop farming purposes; and
WHEREAS, the parties desire to enter into a written lease for approximately
336 78 acres of land to permit Lessee to engage in crop farming ("Lease").
NOW, THEREFORE, in consideration of the mutual covenants contained in this
Lease, the parties agree as follows:
Section 1. Parties. This Lease is made by and between the City, acting through its
duly authorized City Manager, or his designee {`city Manager"), and Tommy M.
Bernsen and Dolores H. Bernsen, as Lessees, individuals residing in the State of
Texas.
Section 2. Premises. The City leases to Lessee the land located on the Airport
property, as more particularly described in the attached Exhibit A ("Premises"), which
exhibit is incorporated into this Lease as if fully set out herein. The Premises consists of
approximately 336.78 acres of land, excluding a ten -foot 10' easement along any
perimeter fence abutting the Premises.
Section 3. Term. Subject to the remaining terms and conditions of this Lease, the
term "Tenn" of this Lease is five years, beginning September 1, 2007, "Effective
Date"), and terminating at the close of business on August 31, 2012 ;;Termination
Date").
Section 4. Lease Payments.
A. Calculation. Lessee agrees to pay the City Fifty Dollars ($50) per acre annually
;`Lease Payment"). Lessee shall remit the initial Lease Payment not later than
5:00 p.m. Central Standard Time on the Wednesday immediately following ing the
date this Lease is finally approved by the City's City Council "city council' }. Alt
subsequent Lease Payments are due on every calendar year anniversary of the
Effective Date of this Lease.
B. Paying Rent. The Lease Payment is due and payable in full in the form of a
cashier's check or cash. The Lease Payment must be delivered to the following
address:
Corpus Christi International Airport
1000 International Drive
Corpus Christi, Texas 78406
Section 5. Lease Agent. The City's Director of Aviation, or his designee `Aviation
Director"), shall administer this Lease and serve as the City's agent to receive all Lease
Payments, notices, and reports due under this Lease.
Section 6. Use of Premises. Lessee must use the Premises for the purposes of crop
farming and for no other purpose without the express written consent of the City
Manager. Lessee may not construct any improvements on the Premises. Lessee may
not use the Premises for storage of equipment or supplies.
Section 7. Acceptance. By Lessee's execution of this Lease, Lessee acknowledges
that Lessee has read this Lease and understands that this Lease is not binding on the
City until properly authorized by the City's City Council and executed by the City
Manager. Lessee also acknowledges that Lessee has inspected the Premises and
accepts the Premises in its present physical condition, as is, including any and all
defects known and unknown that may exist.
Section 8. Assignment and Sublease. Lessee may not at any time assign, transfer,
convey, sublet, mortgage, pledge, or encumber Lessee's s nterest in this Lease or any
part of the Premises to any p arty without the prior written consent of the City, which
approval will not be unreasonably withheld. In the event that Lessee directly or
pp
indirectly assigns, transfers, conveys, sublets, mortgages, pledges, or otherwise
encumbers this Lease or any p ortion of the Premises without the prior written consent of
the City, the City may, in its sole discretion, terminate this Lease.
Section 9. Required Modification or Amendment of Lease. If the Federal Aviation
Administration or its successor ("FAA") requires modifications or amendments to this
Lease as a condition precedent to granting funds for Airport improvements, Lessee
agrees to consent to the modifications or amendments to this Lease as may be
reasonably required for the City to obtain the funds; provided, however, that Lessee will
not be required to pay increased Lease Payments, change the use of the Premises, or
accept a relocation or reduction in size of the Premises until Lessee and the City have
fully executed an amendment to this Lease that is mutually satisfactory to all parties
regarding any terms or conditions of this Lease affected by said required actions.
Section 10. Reservation of Use.
A. The City reserves the right to sell, use, or lease for a use different from the
present use all or any portion of the Premises at anytime during the term of this
Lease. If the Premises are used or leased before the Expiration Date and the
purchaser or new lessee is not willing to take the Premises subject to this Lease
and demands immediate possession, then Lessee agrees to vacate and
surrender possession within fifteen 1 days after receipt of notice to vacate.
B. If it becomes necessary for Lessee to vacate in the event of a sale or new lease,
then the City shall pay Lessee for the land or portion thereof so vacated the
following amounts, to -wit:
Page 2of1
(1) If the land has been plowed and prepared for a new crop, but before the
crop has been planted, the actual expense of working the acreage vacated
plus $5.00 per acre.
if there is a growing crop, then the average return on an acreage basis
that the same crops bring on other land covered by this Lease or, if there is
no other land covered by this Lease, then on similar land in the immediate
vicinity.
C. Any a ments made to Lessee under this section shall be based on the Lessee's
share of the crop land actually cultivated and farmed under this Lease, less
harvesting costs.
Section 11. Subordination to U.S. and FAA Requirements. This Lease is
subordinate to the provisions of any existing or future agreement between the City and
the government of the United States relating to the operation or maintenance of the
Airport, where the execution of said agreement(s) is required as a condition to the
expenditure of federal funds for the development of the Airport. If the effect of said
agreement (s) with the United States, either under this Section 11 or under Section
above, is to take any of the Premises under this Lease out from the control of City, then
City shall make every effort to provide Lessee with land substantially similar to the
Premises used by Lessee for the remainder of the Term if similar premises are available
for the type of use granted within this Lease.
Section 12 Maintenance; Utilities.
A, Lessee, at its own expense, shall maintain the Premises in good appearance and
repair and in a safe condition. Lessee shall, except during the growing season
prior to harvest, keep the Premises mowed to a height under 12 inches.
B. Within seven days of harvest, Lessee shall plow under the remains of the
harvested crop. Additionally, Lessee shall spray the plowed -under areas with an
approved growth inhibitor in order to prevent secondary growth of the remains.
c. Lessee must ensure that the Premises are maintained free of foreign object
debris and shall control soil erosion on the Premises.
D. The Aviation Director is the sole judge of the quality of Lessee's maintenance,
which must be reasonable and consistent with other City and Airport properties.
The Aviation Director may at any time during City's normal business hours,
without prior notice, enter upon the Premises to determine if Lessee is fulfilling
the maintenance requirements of this Lease. The Aviation Director must notify
Lessee in writing of any default. If the required maintenance, in Aviation
Director's deficiency notice to Lessee, is not commenced by Lessee within 15
days after receipt of written notice, or is not diligently prosecuted to completion
within the time stated, the Aviation Director may enter upon the Premises and
perform the subject maintenance, and Lessee agrees to reimburse the City for its
Page 3 of 15
cost plus 20% overhead within 30 days after the Aviation Director's written
demand therefor, together with copies of all bids for the repairs and maintenance.
E. Lessee must immediately remove or correct any hazardous or potentially
hazardous condition on the Premises upon knowledge thereof, or after receipt of
notice from the Aviation Director, whichever occurs sooner. At the Aviation
Director's direction, Lessee must close the Premises, or affected portion, until the
hazardous or potentially hazardous condition is removed or corrected.
F. Lessee, at its own expense, shall replace any and all utility lines and equipment
located on the Premises which may be damaged or destroyed as a result of
Lessee's farming or agricultural operations. Lessee, at its own expense, shall
repair any and all damage caused to the Premises as a result of the willful or
negligent acts or omissions of Lessee, its employees, or agents.
G. Lessee shall pay for all utilities, including water and waste disposal, Lessee uses
at the Premises.
H. Crop Setbacks.
(1) Lessee shall plant crops no closer than 10 feet to any Airport perimeter
fence.
(2) Lessee shall plant crops no closer than 575 feet from any runway
centerline and no closer than 1,000 feet from the end of any runway.
Lessee shall plant crops no closer than 130 feet from the centerline of
any taxiway.
Lessee shall plant crops no closer than 113 feet from the edge of any
aircraft apron.
Section 13. Inspection and Premises Access. The Aviation Director shall have the
right to inspect Premises the remises during the City's normal business hours, without prior
notice. The City reserves the right to install wildlife control devises and to take
additional wildlife control measures, as may be necessary. The City shall have the right
at any and all times of ingress and egress on and over the Premises for the purposes of
conducting and carrying on any business incident to activities of the City.
Section 1. Security Badges. Each of Lessee's employees needing access to a
restricted area (including the area outlined in Section 15 of this Lease) must wear a
security bade while in the restricted area. Lessee will pay an issuance fee for each
ty
badg e and a replacement fee for each lost security badge. The Aviation Director may
also require the payment of a reasonable deposit fee for each security badge issued
consistent with fees charged to other tenants at the Airport. Lessee must notify the
Aviation Director immediately after any employee of Lessee who was issued a security
badge is terminated or loses a badge. Lessee and Lessee's employees must comply
with all City and federal security regulations and requirements.
Page 4 of 15
Section 16. Access to the Aircraft Operating Area.
A. Lessee and its respective contractors, suppliers of materials, furnishers of
services, employees, agents, and business invitees must comply with all present
and future laws, rules, regulations, and ordinances promulgated by the City, the
Airport, the federal Transportation Security Administration "TSA ", the FAA, or
other governmental agencies to protect the security and integrity of the Airport's
aircraft operating area "AOA ", as shown on the attached Exhibit B, which is
incorporated in this Lease as if fully set out herein. Subject to the approval of the
Aviation Director, Lessee must adopt procedures to control and limit access to
the AOA by Lessee and its respective contractors, suppliers of materials,
furnishers of services, employees, agents, and business invitees in accordance
with all present and future City, Airport, TSA, and FAA laws, rules, regulations,
and ordinances.
B. Lessee must pay all FAA and TSA fines associated with security breaches or
infractions committed by Lessee's employees, agents, contractors, suppliers, and
business invitees in the AOA, regardless of whether the fine is assessed to the
City or the Airport, as set out in the City Code of Ordinances, Sec. 9 -31.
C. Lessee agrees to indemnify, hold harmless, and defend the City,
its officers, employees, agents, and representatives against the
risk of legal liability for death, injury, or damage to persons or
property, direct or consequential, arising from entry of persons
into the AOA where permitted, allowed, or otherwise made
possible by Lessee, its employees, contractors, suppliers of
materials, furnishers of services, business invitees, agents, or
any other person under the direction of Lessee in violation of
City, Airport, TSA, and FAA laws, rules, regulations, or
ordinances or Lessee's approved procedures for controlling
access to the AOA.
D. Lessee will have access to the Premises, subject to compliance with all
applicable Airport, TSA, and FAA security procedures. Movement ment of all persons
in the AOA and Premises must be cleared in accordance with Airport, TSA, and
FAA rules and regulations. Lessee is primarily responsible for opening and
closing any security gates and doors permitting access between the Premises
and the AOA.
E. No vehicles owned or operated by Lessee may operate within the movement or
non - movement areas of the AOA except those in compliance with Airport, TSA,
and FAA rules and regulations.
.
Section 16. Operation within Airport certification. Lessee must comply with all
rules that are applicable to its operations at the Airport under the Airport Certification
Rules of the Federal Aviation Regulations ("FAR"), Part 139, as amended [14 CPR Part
Page 5 of 15
139, as amended]. Copies of the FAR are available in the office of the Aviation
Director.
Section 1, Federal Code Requirements for Equipment Use. Lessee covenants to
comply with the notification and review requirements set out in the FAR, Part 77, as
amended [14 CFR Part 77, as amended }, if Lessee plans to use equipment in its
operation that requires notification as outlined in this regulation. Copies of the FAR are
available in the office of the Aviation Director.
Section 18. Control of Structures and Equipment. Lessee may not make use of or
operate an y structure, building, antenna, object, or equipment which has its highest
point above a mean sea level elevation established by the FAA or the City as a height
limitation on said structure, building, antenna, object, or equipment. City may enter the
Premises and remove any such structure, building, antenna, object, or equipment and
assess the removal expense against Lessee plus a 20% overhead charge.
Section 19. Aerial Approaches. The City Manager may take any action necessary to
protect the Airport's aerial approaches against obstruction, including the right to prevent
Lessee from operating any object or equipment on or adjacent to the Airport, which, in
the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a
hazard to aircraft. Lessee will not make or permit any use of the Premises which would
interfere with landing or taking off of aircraft at the Airport or otherwise constitute an
Airport hazard including, but not limited to, electrical or electronic interference with
communications, electrical, or electronic equipment or the creation of smoke, dust, or
glaring or misleading lights.
Section 20. Right to Overflight. The City hereby reserves, for the use and benefit of
the public, a right of flight for the passage of aircraft above the surface of the Premises
p
together with the right to cause in the airspace noise as may be inherent in the
operation of aircraft now known or hereafter used for navigation thereof or flight in the
air, and using the airspace for landing at or taking off from, or operating on, the Airport.
Section 21. Hazardous Substances.
A. Lessee covenants to comply with all environmental laws, rules, regulations,
orders, and permits applicable to Lessee's operation on or in the vicinity of the
Airport including, but not limited to, required National Pollutant Discharge
Elimination System permits and all applicable laws relating to the use, storage,
generation, treatment, transportation, or disposal of hazardous or regulated
substances.
B. Except for hazardous substances governed by and transported in full compliance
with the transportation laws of the State of Texas or federal government, Lessee
must not use, store, generate, treat, transport, or dispose of any hazardous or
regulated substances or waste on or near the Airport without the Aviation
Director's prior written approval and without first obtaining all required permits
and approvals from all authorities having jurisdiction over Lessee's operation on
or near the Airport.
Page 6 of 15
C. If Lessee determines that a threat to the environment including, but not limited to,
a release, discharge, spill, or deposit of a hazardous or regulated substance has
occurred or is occurring which affects or threatens to affect the Airport or
persons, structures, equipment, or other property located thereon, Lessee must
notify immediately by verbal report in person or by telephone, to be promptly
confirmed in writing, the Aviation Director, (2) the Airport's Public Safety
Office, (3) emergency response centers, and environmental or regulatory
agencies, as required by law or regulation, and must follow such verbal report
with all written reports required by law.
D. Lessee agrees to cooperate fully with the Airport in promptly responding to,
reporting, and remedying a threat to the environment including, without limitation,
a release or threat of release of a hazardous or regulated substance into the
drainage systems, soils, ground water, waters, or atmosphere, in accordance
with applicable law and as authorized or approved by any federal, state, or local
agency having authority over environmental matters.
E. Lessee must keep a readily accessible file of materials safety data ("NASD")
sheets for each hazardous substance on site or transported to the Premises, in
accordance with federal and State transportation laws, which file must be posted
and immediately available to any Airport or City employee who responds to the
scene (Premises) in the event of a discharge of a hazardous substance.
Lessee's employees must try to determine which hazardous substance was
discharged and have that MSD sheet available for the first responders to the
scene.
F. Lessee must promptly undertake all required remediation and pay all costs
associated with Lessee's action or inaction that directly or indirectly prevents the
Airport from materially conforming to all then applicable environmental laws,
rules, regulations, orders, or permits.
G. Lessee agrees and acknowledges that the obligations set forth in this section
survive termination of this Lease.
Section 22. Nondiscrimination and Affirmative Action.
A. Nondiscrimination - General. Lessee, for itself, its employees, agents, and
representatives, as a part of the consideration for the making of this Lease,
covenants that: 1 no person on the grounds of race, creed, color, religion, sex,
age, national origin, handicap, or political belief or affiliation will be excluded from
participation in, denied the benefits of, or otherwise be subjected to
discrimination in the use of the Premises; (2) Lessee will use the Premises in
compliance with all requirements imposed by or pursuant to 14 CFR Part 152,
Subpart E, Nondiscrimination in Airport Aid Program, Title VI of the Civil Rights
Act of 19 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation, and as said Title and
Page 7 of 15
regulations may be amended, and with other applicable State and federal laws,
rules, or regulations, as amended.
B. Nondiscrimination - Business Owner. This Lease is subject to the requirements
of 49 CFR Part 23. Lessee agrees that it will not discriminate against any
business owner because of the owner's race, color, national origin, or sex in
connection with the award of performance or any concession agreement,
management contract or subcontract, purchase or lease agreement, or other
agreement covered by 49 CFR Part 23.
C. Remedy for Breach. If Lessee breaches a nondiscrimination covenant, the City
may immediately reenter the Premises, and the Premises and all Lessee's
i
interest therein reverts to the City. This provision is not effective until the
procedures of 49 CFR Part 21 are completed, including exercise or expiration of
appeal rights.
D. Affirmative Action. Lessee covenants that it will undertake an affirmative action
program as required by 14 CFR Part 152, Subpart E, to ensure that no person on
the grounds of race, creed, color, religion, sex, age, national origin, handicap, or
political belief or affiliation is excluded from participating in any employment
activities covered in 14 CFR Part 152, Subpart E. Lessee covenants that no
person will be excluded on these grounds from participating in or receiving the
services or benefits of any program or activity covered by that subpart. Lessee
further covenants to require its covered sub - organizations to provide similar
assurances to Lessee to undertake affirmative action programs and to require
assurances from their sub - organizations, as required by 14 CFR Part 152,
Subpart E. Lessee, at its own expense, will comply with any applicable
requirements of the Americans with Disabilities (ADA) Act, as it may be
amended.
Section 23. Compliance crib Laws.
A
General. Lessee must promptly observe, comply with, and execute the
provisions rovisions of any and all present and future governmental laws, ordinances,
rules, regulations, requirements, orders, and directives applicable to Lessee's
use and occupancy of the Premises. Failure to observe or comply with any law,
rule, or regulation will subject this Lease to cancellation by the City under Section
24 of the Lease.
B. Federal. Lessee covenants to comply with all applicable federal laws, rules, and
regulations including, without limitation, the Drug Free Workplace Act, the
Violence in the Workplace Act, the Americans with Disabilities Act, and any other
acts that the U.S. Congress passes that apply to any entity that operates at the
Airport.
C. State and Local Laws. Lessee covenants to comply with all applicable State and
local laws, rules, regulations, and policies.
Page 8 of 1
Section 24. Cancellation; Termination; Re- entry.
A. Cancellation by Lessee. Without limiting any other rights and remedies to which
Lessee may be entitled by common law, statutory law, or as elsewhere provided
in this Lease, this Lease may be canceled by Lessee at any time after the
happening, and during the existence, of one or more of the following events:
1. The permanent abandonment of the Airport;
2. The lawful assumption by the United States government, or any authorized
agency thereof, of the operation, control, or use of the Airport, or any
substantial part or parts thereof, that substantially restricts Lessee from
operating for at least 150 days;
3. The issuance by any court of competent jurisdiction of an injunction that
prevents or restrains the use of the Airport by the Lessee and that continues
for at least 150 days; or
4. The default by the City in the performance of any covenant and the failure of
the City to remedy the default within 60 days after receipt from Lessee of
written notice to remedy the same.
B. Termination by City. Without limiting any other rights and remedies to which City
may be entitled by common law, statutory law, or as elsewhere provided in this
Lease, this Lease may be terminated by City if Lessee;
1. Is in arrears in the payment of any portion of the Lease Payment or of any
fees or charges required to be paid by Lessee under this Lease in excess of
ten 10 business days "business" days are Monday through Friday) or other
time as may be provided herein;
2. Makes a general assignment for the benefit of creditors;
3. Abandons the Premises or any part thereof;
4. Otherwise defaults in the performance of any of Lessee's covenants and
continues the default in excess of 30 days or other time as may be provided
herein, after receipt of written notice from Aviation Director of the default. If
the default cannot reasonably be cured within 30 days or within any other
time set out in the notice of default, Lessee shall submit a plan to remedy the
default to the Aviation Director for approval within thirty (30) days from receipt
of the notice. The Aviation Director shall have sole discretion regarding the
approval or rejection of Lessee's proposed plan.
C. City's Right to Entry.
1. If the City terminates this Lease or if Lessee abandons the Premises, the City
may enter upon the Premises.
Page 9 of 15
2. In the event of termination by City or abandonment by Lessee, Lessee hereby
irrevocably pp oints the City Manager as its agent to remove any and all
persons and property from the Premises and place any property in storage for
the account of and at the expense of Lessee. All property on the Premises
is here! subject to a contractual landlord's lien to secure payment of
I subject
delinquent rent and other sums due and unpaid under this Lease, and
any and all exemption laws are hereby expressly waived in favor of said
landlord's lien. Futhermore, it is agreed that said landlords lien is not a
waiver of any statutory or other lien given or which may be given to city
by the Lessee but is in addition thereto.
3. Lessee agrees, that in the case of a default, if Lessee fails to remove any
property on the Premises within thirty days following the default, the City
Manager ma y sell Lessee's property found on the Premises at a public or
private sale with proceeds of the sale applied first to the cost of the sale, then
to the cost of storage of the property, if any, and then to the indebtedness of
Lessee, with the surplus, if any, to be mailed to Lessee at the address herein
designated. if the City terminates this Lease and reenters the Premises, the
City y
relet the Premises and, if a sufficient sum is not realized after paying
may
the expenses of the reletting to satisfy the rent owed and other sums agreed
to be paid by Lessee, Lessee agrees to pay any deficiency within 30 days of
the Aviation Director's written demand therefor.
a Notice of Termination. If an event of default occurs and, after due notice
identifying the default, the defaulting party has failed to cure, the complaining
party may at any time after the expiration of any cure period terminate this Lease
by providing written notice of termination. The Lease will be terminated on the
date p eified in the notice but not sooner than five business days after the
postmarked date of the notice. Rental payments are payable only to the date of
termination. This Subsection is subject to the requirements set out in Subsection
B of this Section.
Section 25 Property Removal upon Expiration or Termination,
A. Removal of Equipment. Upon termination or expiration of this Lease, Lessee
may remove all equipment on the Premises so long as Lessee removes same
within 30 calendar days after termination or expiration of the Lease. Any damage
to the Premises caused by Lessee's removal of its property must be repaired by
Lessee within 15 business days after termination or expiration of the Lease, at
Lessee's expense, and to the satisfaction of the Aviation Director.
B. Notwithstanding the foregoing, if Lessee fair to remove equipment within 30
days from the date of termination or expiration of this Lease, then the City
Manager, may at his or her option, take title to the said personalty and sell, lease,
or salvage the same, as permitted by law. Any net expense the City Manager
incurs on behalf of the City in disposing of the personalty must be paid by Lessee
within 10 days of the City Manager's written demand thereof. The City Manager
will p rovide Lessee with a written itemized breakdown of the costs recaptured, if
Page 10 of 15
any, by the sale, lease, or salvage of the property, and the balance due, which
must be paid by Lessee upon receipt of said itemized breakdown.
Section 26. Holdover. Any holding over by Lessee of the Premises after the
expiration or other termination of this Lease will be on a month -to -month tenancy at
sufferance, at the then current monthly rental rate, and Lessee agrees to surrender the
Premises upon 30 days written notice. Failure to timely surrender Premises following
notice subjects Lessee to payment of a monthly holdover fee equal to the then current
monthly rent (Lease Payment) for each month of delay, in addition to the payment of
rent.
Section 27. Re-delivery of Premises. Upon expiration or termination of this Lease,
Lessee must deliver the Premises to City peaceably, quietly, and in as good condition
as the same now are or may be hereafter improved by Lessee or City, normal use and
wear thereof excepted. In addition to a landlord's lien provided by the law of the State
of Texas, the City has a contractual lien on all property of Lessee on the Premises as
security for nonpayment of rent.
Section 28. Indemnification.
A. GENERAL — Lessee must indemnify, hold harmless, and defend
the City of Corpus Christi, its officers, employees, agents, and
representatives from and against any and all claims and causes
of action, administrative proceedings, judgments, penalties,
fines, damages, losses, demands, liabilities, or expenses
whatsoever (including reasonable attorney's fees and costs of
Iitigation, mediation, and administrative proceedings) which may
be brought, alleged, or imposed against the City, its officers,
employees, agents, or representatives arising directly or
indirectly from or in any way connected with (1) any property
damage or loss, personal injury including death, or adverse
effect on the environment arising out of Lessee's action or
inaction with regard to the operations of Lessee hereunder,
including the use or occupancy of the Premises, or in providing
access to secured areas of the Airport as set out herein,
excepting only that liability as may result from the gross
negligence or the willful misconduct of the City, including its
officers, employees, agents, and representatives; {ii} the failure
of Lessee, its agents, or employees to comply with the terms
and conditions of this Lease or to comply with any applicable
federal, State, or local laws, rules, regulations, or orders
including, but not limited to, any and all applicable federal, State,
or local environmental Laws, rules, regulations, or orders; or (iii)
release of any hazardous or regulated substances or waste onto,
Page 11 of 15
into, or from the Premises or other Airport properly, connected
in any way with Lessee's operations or the action or inaction of
Lessee, its agents, or employees, regardless of whether the act,
omission, event, or circumstance constituted a violation of
applicable law at the time of the occurrence. The rights and
obligations set forth in this Paragraph shall survive the
termination of this Lease.
B. NOTICE --- Notwithstanding the above indemnifications, Lessee must give the
Aviation Director notice of any matter covered hereby and forward to the Aviation
Director copies of every demand, notice, summons, or other process received in
any claim or legal proceeding covered hereby within 10 working days of Lessee's
receipt of said notice, demand, summons, or other process.
a INDEMNITY WAIVER — Lessee, if a charitable association, corporation, entity, or
individual enterprise having or claiming an immunity or exemption (statutory or
otherwise) from and against liability for damage or injury to property or persons,
hereby expressly waives its right to plead defensively the immunity or exemption
p
as against City, including its officers, employees, agents, or representatives, as
the case may be.
Section 29. Insurance.
A. Lessee must provide insurance in the amounts and types of coverages required
f
by the City's Risk Manager ("Risk Manager"), a copy of which is attached and
incorporated as Exhibit C. Lessee's insurance company must provide the
Aviation Director and Risk Manager certificate(s) of insurance 30 days prior to
the annual anniversary date of the Effective Date of the Lease, which shows the
levels and types of insurance.
B. The Risk Manager shall annually assess the levels and types of insurance
required by the Lease. The Risk Manager may increase or decrease the levels
or typ es of insurance by giving Lessee notice no less than 60 days prior to the
annual anniversary date of the Effective Date of the Lease. Lessee has 30 days
to p rocure the changed insurance and provide written proof of insurance to the
Aviation Director.
C. All insurance required by this Lease must be primary insurance and not in excess
of or contributing with other insurance which Lessee may carry. All policies must
name the City as an additional insured.
Section 30. Notice.
A. Notices are sufficient if in writing and sent by certified mail, return receipt
requested, p osta a prepaid, or by overnight delivery service as addressed below:
Page 12 of 1
If to the City:
Corpus Christi International Airport
Attn: Aviation Director
1000 International Drive
Corpus Christi, Texas 78406
If to Lessees:
Mr. Tommy M. Bernsen
4488 FM1694
Robstown, Texas 78380
Ms. Dolores H. Bernsen
4488 FM1694
l obstown, Texas 78380
B. Either party may change the address to which notices are sent under this section
by providing a change of address, in writing, to the other party within ten (10)
business days of the change.
Section 31. General Provisions.
A. Mineral Rights. City expressly reserves all water, gas, oil, and mineral rights in
and under the soil beneath the Premises.
B. No Waiver of Forfeiture. Any failure or neglect of the City Manager or Lessee at
any time to declare a forfeiture of this Lease for any breach or default whatsoever
hereunder does not waive the City's or the Lessee's right thereafter to declare a
forfeiture for a similar, other, or succeeding breach or default.
C. Force Majeure. Neither the City nor Lessee will be deemed to be in breach of
this Lease if either is prevented from performing any of its obligations hereunder
by reason of force majeure. "Force majeure" means any prevention, delay, or
stoppage due to strikes, lockouts, labor disputes, acts of God, including
p
inclement weather or periods of excessive rain or snow, inability to obtain labor
or materials or reasonable substitutes therefore, governmental restrictions or
requirements, governmental regulations, governmental controls, inability to timely
obtain governmental approvals, enemy or hostile governmental action, civil
commotion, fire or other casualty, and other causes beyond the reasonable
control of the party obligated to perform. All of the foregoing events excuse the
performance by either party for a period equal to any prevention, delay, or
stoppage, a e, excluding the obligations imposed with regard to the payment of rental
and other charges to be paid by Lessee pursuant to this Lease.
D. Rules and Regulations. The Aviation Director may adopt and enforce rules,
regulations, and policies to be uniformly applied to similar uses and users of
similar space, which Lessee agrees to observe and obey with respect to the use
of the Premises and the Airport, and the health, safety and welfare of those using
the Premises and the Airport.
E. Headings. The titles and headings in this Lease are used only for reference and
in no way define or limit the scope or intent of any provision of this Lease.
Page 13 of 1
F. Venue. Venue of any action brought under this Lease lies in Nueces es County,
Texas, exclusively, where the Lease was executed and will be performed.
G. Successors and Assigns. Subject to the limitations upon assignment and
transfer contained herein, this Lease binds and inures to the benefit of the parties
hereto, their respective heirs, successors, and assigns.
H. No Third Party Benefit. No. provision of this Lease creates a third party claim
against the City of Corpus Christi, the Airport, or Lessee, beyond that which may
legally exist in the absence of any such provision.
1. Taxes and Licenses. Lessee must pay, prior to the past due date, all taxes of
whatever character, including ad valorem and intangible taxes, that may be
levied or charged upon the Premises or operations hereunder and upon Lessee's
rights to use the Premises, whether the taxes are assessed against Lessee or
City. Additionally, Lessee must pay any and all sales taxes arising in connection
with its occupancy or use of the Premises whether the taxes are assessed
against Lessee or City. Lessee must obtain and pay for all licenses or permits
necessary or required by law for the installation of equipment and for the conduct
of its operations under this Lease. If Lessee wishes to contest any tax or charge,
that contest will not be a default under the Lease so long as Lessee diligently
prosecutes the contest to conclusion and promptly pays whatever tax is
ultimately owed. Furthermore, Lessee must pay any taxes not being contested
prior to the past due date.
J. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of
all trash and other refuse resulting from its operation on the Premises. Lessee
must provide and use, within Lessee's leased area, suitable sealed and fireproof
receptacles approved by the Aviation Director for all trash and other refuse
generated by Lessee's use of the Premises. The piling of boxes, barrels, or
other similar items in or within view from a public area is not permitted. .
K. If Lessee consists of two or more individual persons or entities, each person or
entity named in this Lease is jointly and severally liable for all performances,
obligations, and duties imposed by the terms, conditions, and covenants of this
Lease.
L. Publication Costs. All costs for publication of notice of this Lease required by the
City Charter, if any, must be paid by Lessee.
M. Disclosure of Interests. In compliance with Section 2 -349 of the City's Code of
Ordinances, the Lessee shall complete the City's Disclosure of Interests form,
which is attached to this Agreement as Exhibit D, the contents of which, as a
completed form, are incorporated in this document by reference as if fully set out
in this Lease.
Page '14of1
EXECUTED IN TRIPLICATE ORIGINALS this day of -�., 2008.
Attest: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
George K. Noe
City Manager
Approved as to legal form: , 2008
Elizabeth I. Handley
Assistant City Attorney
for the City Attorney
LESSEE: Tommy M. Bernsen LESSEE: Dolores I . Bernsen
Signature Date Signature Date
STATE OF TEXAS
COUNTY OF --
4
5
4
This instrument was acknowledged ledged before me on , 2008 by
Tommy M. Bernsen, TXDL # , an individual person.
STATE OF TEXAS
COUNTY OF
Notary Public, State of Texas
This instrument was acknowledged before me on , 2008, by
Dolores H. Bernsen, TXDL # , an individual person.
Notary Public, State of Texas
Page 15 of 15
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CITY OF CORPUS CHRISTI
CORPUS CHRIST i INTERNATIONAL AIRPORT
i T
CORPUS CHRISTI, TEXAS
EXHIBIT B
AIRCRAFT OPERATION AREAS SITE PLAN
AIRPORT M T -MOVEMENT AREAS.
CORPUS CHRISTI INTERNATIONAL AIRPORT
T
CORPUS CHRISTI, TEXAS
EXHIBIT C
INSURANCE REQUIREMENTS
1. Lee's,kithiIjtyInsurance
A. Lessee must not commence work under thi
Exhibit C {page 2 of 2)
II. A.1 11TJQALEQUIREM1NI
S
A. Lessee must obtain workers' compensation coverage through a licensed insurance company in
accordance with Texas law. The contract for coverage must be written on a policy and with
endorsements approved by the Texas Department of Insurance. The coverage provided rust be in
amounts sufficient to assure that all workers' compensation obligations incurred by the Successful
Bidder will be promptly met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the General Liability
coverage and a blanket waiver of subrogation is required on all applicable policies.
If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting
the words, "endeavor to ", and deleting the wording after "left ".
In lieu of modification of the ACORD form, separate policy endorsements addressing the same
substantive requirements are mandatory.
The name of the project must be listed under "Description of Operations"
' At a minimum, a 30-day written notice of cancellation, material change, non - renewal,
termination is required.
C. If the Certificate of Insurance on its face does not show the existence of the coverage required by
items 1. (1)-(8), an authorized representative of the insurance company must include a letter
specifically stating whether items 1.B. (1)-(8) are included or excluded.
2007 Airport Farm land lease ins. req.
EXHIBIT D
CITY OF CORPUS CHRLSTI
DISCLOSURE OF INTEREST
City of* . F' 1 L * i' 17112, as amended, all persons or to do with the City
to ' -. Every question must be answered. Ithe quesuon rs not applicable, answer with
. See reverse mac for demons.
COMPANY NAME :
P. o. BOX
- -- -- - - - -- - -- - - - -
FMM LS: 1. Corporation
4. Associadort
S. �ers� �p) ) 3- Sale Owner
DISCLOSURE QUESTIONS
If additional space is neeetrary, lease use the reverse side ofth pap or attach separatp sheet.
1. State*. names (de of the City of Corpus Christi having an 3%
or mons ofd ownership to the aboAie gym "
Name
Job Tine and City Department (ifknown)
2. Std the names of each "officiar ofthe City of Corpus Christi having. an "ownership ` constituting 3% or
more ofthe ownership in the above named "firm."
Name 'Tide
3. State the names of each m of the Chy of Corpus Chrisii having an "owneaship interesr constituting
i
3% or more of the ownership in the above wed "
Name Board, Commission, or Committee
4. State the names of each employee or officer of a "consultant" for the City of Cow Chrisd who worked on any
matter related to the subject of this contract and has an "ownership interest' constituting 3% or more of the
ownership in the above named "firm."
Consultant
CERTIFICATE
certify #that all information provided is true � corms as of the date of this will statement. that I have not knowingly
withheld disclosure f an information requested; and that supplemental moments e promptly submitted to e
City of Corpus Christi, Texas as changes occur.
CatifyingPerson:
Signature of Certifyiig Person: bate:
AN ORDINANCE
fCE
AUTHORIZING G THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
FIVE-YEAR LEASE, BEGINNING JANUARY 1, 2008, WITH JAMES
CHARLES BE I SE I FOR CROP FARMING I ON APPROXIMATELY
244.12 ACRES LOCATED AT THE CORPUS CHRISTI
INTERNATIONAL AIRPORT, T, i f CONSIDERATION OF THE PAYMENT
OF AN ANNUAL FEE OF $80 PER ACRE; AND DECLARING AN
EMERGENCY.
NOW, THEREFORE, E, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute a fire -year lease,
beginning January 1, 2008, with James Charles Bernsen ("Lessee") for crop farming to
be conducted on approximately 244 12 acres located h Corpus Christi International
Airport, in consideration of Lessee paying an annual fee of $80 per acre. A copy of the
lease is attached and will be on file with the City Secretary,
SECTION 2. Upon the written request of the Mayor or five council members, bers, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the of February, 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: - , 2008
is I. Hundley
Assis ant City Attorney
for the City Attorney
E ord 17.doc
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas:
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Wwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael i i Cut hon
EHord217.doc
FARM LEASE AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
JAMES CHARLES BERNSEN
WHEREAS, the City of Corpus Christi "City" owns the Corpus Christi Inter-
national Airport ("Airport"), located in Corpus Christi, Nueces County, Texas;
WHEREAS, S, James Charles Bernsen "Lessee" desires to lease a certain parcel
of land at the Airport for crop farming purposes; and
WHEREAS, EAS, the parties desire to enter into a written lease for approximately
244.12 acres of land to permit Lessee to engage in crop farming ("Lease").
NOW, THEREFORE, E, in consideration of the mutual covenants contained in this
Lease, the parties agree as follows:
Section 1, Parties. This Lease is made by and between the City, acting through its
duly authorized City Manager, or his designee ("City Manager"), and James Charles
Bernsen, as Lessee, an individual residing in the State of Texas.
Section 2. Premises. The City leases to Lessee the land located on the Airport
property, as more particularly described in the attached Exhibit A ("Premises"), which
exhibit is incorporated into this Lease as if fully set out herein. The Premises consists of
approximately 244.12 acres of land, excluding a ten -foot (10') easement along any
perimeter fence abutting the Premises.
Section 3. Term. Subject to the remaining terms and conditions of this Lease, the
term "Term" of this Lease is five years, beginning January 1, 2008, ("Effective
Date"), and terminating at the close of business on December 31, 2013 ("Termination
Date").
Section 4. Lease Payments.
A. Calculation. Lessee agrees to pay the City Eighty Dollars ($80) per acre
annually ("Lease Payment"). Lessee shall remit the initial Lease Payment not
later than 5:00 p.m. Central Standard Time on the Wednesday immediately
following the date this Lease is finally approved by the City's City Council ("City
Council"). All subsequent Lease Payments are due on every calendar year
anniversary of the Effective Date of this Lease.
B. Paying Rent. The Lease Payment is due and payable in full in the form of a
cashier's check or cash. The Lease Payment must be delivered to the following
address:
Corpus Christi International Airport
1 000 International Drive
Corpus Christi, Texas 78406
Section 5. Lease Agent. The City's Director of Aviation, or his designee ("Aviation
Director"), shall administer this Lease and serve as the City's agent to receive all Lease
Payments, notices, and reports due under this Lease.
Section 6. Use of Premises. Lessee must use the Premises for the purposes of crop
farming and for no other purpose without the express written consent of the City
Manager. Lessee may not construct any improvements on the Premises. Lessee may
not use the Premises for storage of equipment or supplies.
Section 7. Acceptance. By Lessee's execution of this Lease, Lessee acknowledges
that Lessee has read this Lease and understands that this Lease is not binding on the
City until properly authorized by the City's City Council and executed by the City
Manager. Lessee also acknowledges that Lessee has inspected the Premises and
accepts the Premises in its present physical condition, as is, including any and all
defects known and unknown that may exist.
Section 8. Assignment and Sublease. Lessee may not at any time assign, transfer,
convey, sublet, mortgage, pledge, or encumber Lessee's interest in this Lease or any
part of the Premises to any party without the prior written consent of the City, which
approval will not be unreasonably withheld. In the event that Lessee directly or
pp
indirectly assigns, transfers, conveys, sublets, mortgages, pledges, or otherwise
encumbers this Lease or an y portion of the Premises without the prior written consent of
the City, the City may, in its sole discretion, terminate this Lease.
Section 9. Required Modification or Amendment of Lease. If the Federal Aviation
Administration or its successor "FAA" requires modifications or amendments to this
Lease as a condition precedent to granting funds for Airport improvements, Lessee
agrees to consent to the modifications or amendments to this Lease as may be
reasonably required for the City to obtain the funds; provided, however, that Lessee will
not be required to pay increased Lease Payments, change the use of the Premises, or
accept a relocation or reduction in size of the Premises until Lessee and the City have fully executed an amendment to this Lease that is mutually satisfactory to all parties
regarding any terms or conditions of this Lease affected by said required actions.
Section 10. Reservation n f Use.
A. The City reserves the right to sell, use, or lease for a use different from the
present use all or any portion of the Premises at anytime during the term of this
Lease. If the Premises are used or leased before the Expiration Date and the
purchaser or new lessee is not willing to take the Premises subject to this Lease
and demands immediate possession, then Lessee agrees to vacate and
surrender possession within fifteen 1 days after receipt of notice to vacate.
B. If it becomes necessary for Lessee to vacate in the event of a sale or new lease,
then the City shall pay Lessee for the land or portion thereof so vacated the
following amounts, to -wit:
Page 2 of 15
(1) If the land has been plowed and prepared for a new crop, but before the
crop has been planted, the actual expense of working the acreage vacated
plus $5.00 per acre.
(2) If there is a growing crop, then the average return on an acreage basis
that the same crops bring on other land covered by this Lease or, if there is
no other land covered by this Lease, then on similar land in the immediate
vicinity.
C. Any payments made to Lessee under this section shall be based on the Lessee's
share of the crop land actually cultivated and farmed under this Lease, less
harvesting costs.
Section 11. Subordination to U.S. and FAA Requirements. This Lease is
subordinate to the provisions of any existing or future agreement between the City and
the government of the United States relating to the operation or maintenance of the
Airport, where the execution of said agreement(s) is required as a condition to the
expenditure of federal funds for the development of the Airport. If the effect of said
agreement(s) with the United States, either under this Section 11 or under Section
above, is to take any of the Premises under this Lease out from the control of City, then
City shall make every effort to provide Lessee with land substantially similar to the
Premises used by Lessee for the remainder of the Term if similar premises are available
for the type of use granted within this Lease.
Section 12. Maintenance; Utilities.
A. Lessee, at its own expense, shall maintain the Premises ises in good appearance and
repair and in a safe condition. Lessee shall, except during the growing season
prior to harvest, keep the Premises mowed to a height under 12 inches.
B. Within seven days of harvest, Lessee shall plow under the remains of the
harvested crop. Additionally, Lessee shall spray the plowed -under areas with an
approved growth inhibitor in order to prevent secondary growth of the remains.
C. Lessee must ensure that the Premises are maintained free of foreign object
debris and shall control soil erosion on the Premises.
D. The Aviation Director is the sole judge of the quality of Lessee's maintenance,
which must be reasonable and consistent with other City and Airport properties.
The Aviation Director may at any time during City's normal business hours,
without prior notice, enter upon the Premises to determine if Lessee is fulfilling
the maintenance requirements of this Lease. The Aviation Director must notify
Lessee in writing of any default. If the required maintenance, in Aviation
Director's deficiency notice to Lessee, is not commenced by Lessee within 1
days after receipt of written notice, or is not diligently prosecuted to completion
within the time stated, the Aviation Director may enter upon the Premises and
perform the subject maintenance, and Lessee agrees to reimburse the City for its
Page 3 of 15
cost plus
20% overhead within 30 days after the Aviation Director's written
demand
therefor together with copies of all bids for the repairs and maintenance.
E. Lessee must � �
'mmediatel remove or correct any hazardous or potentially
.. on the Premises upon knowledge thereof, or after receipt of
hazardous condition �
notice ro m
Aviation Director, whichever occurs sooner. At the Aviation
Director's direction, Lessee must close the Premises, or affected portion, until the
hazardous or potentially otentiall hazardous condition is removed or corrected.
F. Lessee, at its o wn expense, shall replace any and all utility lines and equipment
located on the Premises which may be damaged or destroyed as a result of
} agricultural operations. Lessee} at its own expense, shall
Lessee's farming or
repair any and
all damage caused to the Premises as a result of the willful or
negligent acts or omissions of Lessee, its employees, or agents.
pay G. Lessee
shall for all utilities, including water and waste disposal, Lessee uses
at the Premises.
H. Crop Setbacks.
CI) Lesse
e shall plant crops no closer than 10 feet to any Airport perimeter
fence.
Lessee shall p lant crops no closer than 575 feet from any runway
centerline and no closer than 1,000 feet from the end of any runway.
(3) Lessee shall plant crops no closer than 130 feet from the centerline of
any taxiway.
Lessee
shall plant crops no closer than 113 feet from the edge of any
aircraft apron.
Section 13. Inspection and Premises Access. The Aviation Director shall have the
right to inspect the Premises during the City's normal business hours, without prior
e �
notice. The City reserves the right to install wildlife control devises and to take
additional wildlife control measures, as may l measures be necessary. The City shall have the right
� �
at any and all times of ingress and egress on and over the Premises for the purposes of
tin and carrying on any business incident to activities of the City.
Section 14. conducting � g
Security Badges. Each of Lessee's employees needing access to a
in ludin the area outlined in Section 15 of this Lease) must wear a
restricted area
security badge while in the restricted area. Lessee will pay an issuance fee for each
badge and a
replacement fee for each lost security badge. The Aviation Director may
nt of a reasonable de
also require the payment deposit fee for each security badge issued p
consistent with fees charged to other tenants at the Airport. Lessee must notify the
Aviation Director immediately after any employee of Lessee who was issued a security
badge is terminated or loses a badg e. Lessee and Lessee's employees must comply
with all Cit y and federal security regulations and requirements.
Page 4 of 15
Section 15. Access to the Aircraft Operating Area.
A. Lessee and its respective contractors, suppliers of materials, furnishers of
services, employees, agents, and business invitees must comply with all present
and future laws, rules, regulations, and ordinances promulgated by the City, the
Airport, the federal Transportation Security Administration "TSA"), the FAA, or
other governmental agencies to protect the security and integrity of the Airport's
aircraft operating area CAOA ", as shown on the attached Exhibit B, which is
incorporated in this Lease as if fully set out herein. Subject to the approval of the
Aviation Director, Lessee must adopt procedures to control and limit access to
the AOA by Lessee and its respective contractors, suppliers of materials,
furnishers of services, employees, agents, and business invitees in accordance
with all present and future City, Airport, TSA, and FAA laws, rules, regulations,
and ordinances.
B. Lessee must pay all FAA and TSA fines associated with security breaches or
infractions committed by Lessee's employees, agents, contractors, suppliers, and
business invitees in the AOA, regardless of whether the fine is assessed to the
City or the Airport, as set out in the City Code of Ordinances, Sec. 9 -31.
C. Lessee agrees to indemnify, hold harmless, and defend the City,
its officers, employees, agents, and representatives against the
risk of legal liability for death, injury, or damage to persons or
property, direct or consequential, arising from entry of persons
into the AOA where permitted, allowed, or otherwise made
possible by Lessee, its employees, contractors, suppliers of
materials, furnishers of services, business invitees, agents, or
any other person under the direction of Lessee in violation of
City, Airport, TSA, and FAA laws, rules, regulations, or
ordinances or Lessee's approved procedures for controlling
access to the AOA.
D. Lessee will have access to the Premises, subject to compliance with all
applicable Airport, TSA, and FAA security procedures. Movement of all persons
in the AOA and Premises must be cleared in accordance with Airport, TSA, and
FAA rules and regulations. Lessee is primarily responsible for opening and
closing any security gates and doors permitting access between the Premises
and the AOA.
E. No vehicles owned or operated by Lessee may operate within the movement or
non - movement areas of the AOA except those in compliance with Airport, TSA,
and FAA rules and regulations.
Section 16. Operation within Airport Certification. Lessee must comply with all
rules that are applicable to its operations at the Airport under the Airport Certification
Rules of the Federal Aviation Regulations ("FAR"), Part 139, as amended [14 CFR Part
Page 5 of 15
13 as amended]. Copies of the FAR are available in the office of the Aviation
a l
Director.
Section 17. Federal Code Requirements for Equipment Use. Lessee covenants to
comply with the notification and review requirements set out in the FAR, Part 77, as
amended [14 CFR Part 77, as amended], if Lessee plans to use equipment in its
operation that requires notification as outlined in this regulation. Copies of the FAR are
available in the office of the Aviation Director.
Section 18. Control of Structures and Equipment. Lessee may not make use of or
operate any structure, building, antenna, object, or equipment which has its highest
point above a mean sea level elevation established by the FAA or the City as a height
limitation on said structure, building, antenna, object, or equipment. City may enter the
Premises and remove any such structure, building, antenna, object, or equipment and
assess the removal expense against Lessee plus a 20% overhead charge.
Section 19. Aerial Approaches. The City Manager may take any action necessary to
protect the Airport's aerial approaches against obstruction, including the right to prevent
i
Lessee from operating eratin any object or equipment on or adjacent to the Airport, which, in
the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a
hazard to aircraft. Lessee will not make or permit any use of the Premises which would
interfere with landing or taking off of aircraft at the Airport or otherwise constitute an
Airport hazard including, but not limited to, electrical or electronic interference with
communications, electrical, or electronic equipment or the creation of smoke, dust, or
glaring or misleading lights.
Section 20. Right to Overflight The City hereby reserves, for the use and benefit of
the ublio r a right of flight for the passage of aircraft above the surface of the Premises
together with the right to cause in the airspace noise as may be inherent in the
g
operation of aircraft now known or hereafter used for navigation thereof or flight in the
air, and using the airspace for landing at or taking off from, or operating on, the Airport.
Section 21. Hazardous Substances.
A. Lessee covenants to comply with all environmental laws, rules, regulations,
orders, and p
errits applicable to Lessee's operation on or in the vicinity of the
p
Airport including, but not limited to, required National Pollutant Discharge
Elimination System permits and all applicable laws relating to the use, storage,
generation, treatment, transportation, or disposal of hazardous or regulated
substances.
B. x e p t for hazardous substances governed by and transported in full compliance
with the transportation laws of the State of Texas or federal government, Lessee
must not use, store, generate, treat, transport, or dispose of any hazardous or
regulated substances or waste on or near the Airport without the Aviation
Director's prior written approval and without first obtaining all required permits
and approvals from all authorities having jurisdiction over Lessee's operation on
or near the Airport.
Page 6 of 1
C. If Lessee determines that a threat to the environment including, but not limited to,
a release, discharge, spill, or deposit of a hazardous or regulated substance has
occurred or is occurring which affects or threatens to affect the Airport or
persons, structures, equipment, or other property located thereon, Lessee must
notify immediately by verbal report in person or by telephone, to be promptly
confirmed in writing, (1) the Aviation Director, (2) the Airport's Public Safety
Office, (3) emergency response centers, and environmental or regulatory
agencies, as required by law or regulation, and must follow such verbal report
with all written reports required by law.
D. Lessee agrees to cooperate fully with the Airport in promptly responding to,
reporting, and remedying a threat to the environment including, without limitation,
a release or threat of release of a hazardous or regulated substance into the
drainage systems, soils, ground water, waters, or atmosphere, in accordance
with applicable law and as authorized or approved by any federal, state, or local
agency having authority over environmental matters.
E. Lessee must keep a readily accessible file of materials safety data ("MD")
sheets for each hazardous substance on site or transported to the Premises, in
accordance with federal and State transportation laws, which file must be posted
and immediately available to any Airport or City employee who responds to the
scene (Premises) in the event of a discharge of a hazardous substance.
Lessee's employees must try to determine which hazardous substance was
discharged and have that MSD sheet available for the first responders to the
scene.
F. Lessee must promptly undertake all required remediation and pay all costs
associated with Lessee's action or inaction that directly or indirectly prevents the
Airport from materially conforming to all then applicable environmental laws,
rules, regulations, orders, or permits.
G. Lessee agrees and acknowledges that the obligations set forth in this section
survive termination of this Lease.
Section 22. Nondiscrimination and Affirmative Action.
A. Nondiscrimination - General. Lessee, for itself, its employees, agents, and
representatives, as a part of the consideration for the making of this Lease,
covenants that: (1) no person on the grounds of race, creed, color, religion, sex,
age, national origin, handicap, or political belief or affiliation will be excluded from
participation in, denied the benefits of, or otherwise be subjected to
discrimination in the use of the Premises; ises; 2 Lessee will use the Premises in
compliance with all requirements imposed by or pursuant to 14 CFR Part 152,
Subpart E, Nondiscrimination in Airport Aid Program, Title VI of the Civil Rights
Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation, and as said Title and
Page 7 of 1
regulations may be amended, and with other applicable State and federal laws,
rules, or regulations, as amended.
B. Nondiscrimination - Business Owner. This Lease is subject to the requirements
of 49 CFR Part 23. Lessee agrees that it will not discriminate against any
business owner because of the owner's race, color, national origin, or sex in
connection with the award of performance or any concession agreement,
management contract or subcontract, purchase or lease agreement, or other
agreement covered by 49 CFR Part 23.
C. Remedy for Breach. If Lessee breaches a nondiscrimination covenant, the City
may immediately reenter the Premises, and the Premises and all Lessee's
interest therein reverts to the City. This provision is not effective until the
procedures of 49 CFR Part 21 are completed, including exercise or expiration of
appeal rights.
D. Affirmative Action. Lessee covenants that it will undertake an affirmative action
program as required by 14 CFR Part 152, Subpart E, to ensure that no person on
the grounds of race, creed, color, religion, sex, age, national origin, handicap, or
political belief or affiliation is excluded from participating in any employment
activities covered in 14 CFR Part 152, Subpart E. Lessee covenants that no
person will be excluded on these grounds from participating in or receiving the
services or benefits of any program or activity covered by that subpart. Lessee
further covenants to require its covered sub - organizations to provide similar
assurances to Lessee to undertake affirmative action programs and to require
assurances from their sub-organizations, as required by 14 CFR Part 152,
Subpart E. Lessee, at its own expense, will comply with any applicable
requirements of the Americans with Disabilities (ADA) Act, as it may be
amended.
Section 23 Compliance wi h Laws.
A. General. Lessee must promptly observe, comply with, and execute the
provisions of any and all present and future governmental laws, ordinances,
rules, regulations, requirements, orders, and directives applicable to Lessee's
use and occupancy of the Premises. Failure to observe or comply with any law,
rule, or regulation will subject this Lease to cancellation by the City under Section
24 f the Lease.
B. Federal. Lessee covenants to comply with all applicable federal laws, rules, and
regulations including, without limitation, the Drug Free Workplace Act, the
Violence in the Workplace Act, the Americans with Disabilities Act, and any other
acts that the L.S. Congress passes that apply to any entity that operates at the
Airport.
C. State and Local Laws. Lessee covenants to comply with all applicable State and
local laws, rules, regulations, and policies.
Page 8 of 15
Section 24. Cancellation; Termination; Re-entry.
A. Cancellation by Lessee. Without limiting any other rights and remedies to which
Lessee may be entitled by common law, statutory law, or as elsewhere provided
in this Lease, this Lease may be canceled by Lessee at any time after the
happening, and during the existence, of one or more of the following events:
1. The permanent abandonment of the Airport;
2. The Lawful assumption by the United States government, or any authorized
agency thereof, of the operation, control, or use of the Airport, or any
substantial part or parts thereof, that substantially restricts Lessee from
operating for at least 150 days;
3. The issuance by any court of competent jurisdiction of an injunction that
prevents or restrains the use of the Airport by the Lessee and that continues
for at least 150 days; or
4. The default by the City in the performance of any covenant and the failure of
the City to remedy the default within 60 days after receipt from Lessee of
written notice to remedy the same.
B. Termination by City. Without limiting any other rights and remedies to which City
may be entitled by common law, statutory law, or as elsewhere provided in this
Lease, this Lease may be terminated by City if Lessee;
1. Is in arrears in the payment of any portion of the Lease Payment or of any
fees or charges required to be paid by Lessee under this Lease in excess of
ten (10) business days ("business" days are Monday through Friday) or other
time as may be provided herein;
2. Makes a general assignment for the benefit of creditors;
3. Abandons the Premises or any part thereof;
4. Otherwise defaults in the performance of any of Lessee's covenants and
continues the default in excess of 30 days or other time as may be provided
herein, after receipt of written notice from Aviation Director of the default. If
the default cannot reasonably be cured within 30 days or within any other
time set out in the notice of default, Lessee shall submit a plan to remedy the
default to the Aviation Director for approval within thirty (30) days from receipt
of the notice. The Aviation Director shall have sole discretion regarding the
approval or rejection of Lessee's proposed plan.
C. City's Right to Entry.
1. If the City terminates this Lease or if Lessee abandons the Premises, the City
may enter upon the Premises.
Page 9of1
2. In the event of termination by City or abandonment by Lessee, Lessee hereby
irrevocably appoints the City Manager as its agent to remove any and all
persons and property from the Premises and place any property in storage for
the account of and at the expense of Lessee. All property on the Premises
is hereby subject to a contractual landlord's lien to secure payment of
delinquent rent and other sums due and unpaid under this Lease, and
any and all exemption laws are hereby expressly waived in favor of said
landlord's lien. Futhermore, it is agreed that said landlord's lien is not a
waiver of any statutory or other lien given or which may be given to City
by the Lessee but is in addition thereto.
3. Lessee agrees, that in the case of a default, if Lessee fails to remove any
property on the Premises within thirty days following the default, the City
Manager may sell Lessee's property found on the Premises at a public or
private sale with proceeds of the sale applied first to the cost of the sale, then
to the cost of storage of the property, if any, and then to the indebtedness of
Lessee, with the surplus, if any, to be mailed to Lessee at the address herein
designated. If the City terminates this Lease and reenters the Premises, the
City may relet the Premises and, if a sufficient sum is not realized after paying
the expenses of the reletting to satisfy the rent owed and other sums agreed
to be paid by Lessee, Lessee agrees to pay any deficiency within 30 days of
the Aviation Director's written demand therefor.
I. Notice of Termination. If an event of default occurs and, after due notice
identifying the default, the defaulting party has failed to cure, the complaining
party may at any time after the expiration of any cure period terminate this Lease
by providing written notice of termination. The Lease will be terminated on the
date specified in the notice but not sooner than five (5) business days after the
postmarked date of the notice. Rental payments are payable only to the date of
termination. This Subsection is subject to the requirements set out in Subsection
B of this Section.
Section 25 Property Removal val upon Expiration or Termination.
A. Removal of Equipment. Upon termination or expiration of this Lease, Lessee
may remove all equipment on the Premises so long as Lessee removes same
within 30 calendar days after termination or expiration of the Lease. Any damage
to the Premises caused by Lessee's removal of its property must be repaired by
Lessee within 15 business days after termination or expiration of the Lease, at
Lessee's expense, and to the satisfaction of the Aviation Director.
B. Notwithstanding the foregoing, if Lessee fails to remove equipment within 30
days from the date of termination or expiration of this Lease, then the City
Manager, may at his or her option, take title to the said personalty and sell, lease,
or salvage the same, as permitted by law. Any net expense the City Manager
incurs on behalf of the City in disposing of the personalty must be paid by Lessee
within 10 days of the City Manager's written demand thereof. The City Manager
will provide Lessee with a written itemized breakdown of the costs recaptured, if
Page 10 of 1
any, by the sale, lease, or salvage of the property, and the balance due, which
must be paid by Lessee upon receipt of said itemized breakdown.
Section 26. Holdover. Any holding over by Lessee of the Premises after the
expiration or other termination of this Lease will be on a month -to -month tenancy at
sufferance, at the then current monthly rental rate, and Lessee agrees to surrender the
Premises upon 30 days written notice. Failure to timely surrender Premises following
notice subjects Lessee to payment of a monthly holdover fee equal to the then current monthly rent (Lease Payment) for each month of delay, in addition to the payment of
rent.
Section 27. Re- delivery of Premises. Upon expiration or termination of this Lease,
Lessee must deliver the Premises to City peaceably, quietly, and in as good condition
as the same now are or may be hereafter improved by Lessee or City, normal use and
wear thereof excepted. In addition to a landlord's lien provided by the law of the State
of Texas, the City has a contractual lien on all property of Lessee on the Premises as
security for nonpayment of rent.
Section 28. Indemnification.
A. GENERAL — Lessee must indemnify, hold harmless, and defend
the City of Corpus Christi, its officers, employees, agents, and
representatives from and against any and all claims and causes
of action, administrative proceedings, judgments, penalties,
fines, damages, losses, demands, liabilities, or expenses
whatsoever (including reasonable attorney's fees and costs of
litigation, mediation, and administrative proceedings) which may
be brought, alleged, or imposed against the City, its officers,
employees, agents, or representatives arising directly or
indirectly from or in any way connected with (1) any property
damage or loss, personal injury including death, or adverse
effect on the environment arising out of Lessee's action or
inaction with regard to the operations of Lessee hereunder,
including the use or occupancy of the Premises, or in providing
access to secured areas of the Airport as set out herein,
excepting only that liability as may result from the gross
negligence or the willful misconduct of the City, including its
officers, employees, agents, and representatives; (ii) the failure
of Lessee, its agents, or employees to comply with the terms
and conditions of this Lease or to comply with any applicable
federal, State, or local laws, rules, regulations, or orders
including, but not limited to, any and all applicable federal, State,
or local environmental laws, rules, regulations, or orders; or (iii)
release of any hazardous or regulated substances or waste onto,
Page 11 of 1
info, or from the Premises or other Airport property, connected
in any way with Lessee's operations or the action or inaction of
Lessee, its agents, or employees, regardless of whether the act,
omission, event, or circumstance constituted a violation of
applicable law at the Time of the occurrence. The rights and
obligations set forth in this Paragraph shall survive the
termination of this Lease.
E. NOTICE --- Notwithstanding the above indemnifications, Lessee must give the
Aviation Director notice of any matter covered hereby and forward to the Aviation
Director copies of every demand, notice, summons, or other process received in
any claim or legal proceeding covered hereby within 10 working days of Lessee's
receipt of said notice, demand, summons, or other process.
C. INDEMNITY WAIVER — Lessee, if a charitable association, corporation, entity, or
individual enterprise having or claiming an immunity or exemption (statutory or
otherwise) from and against liability for damage or injury to property or persons,
hereby expressly waives its right to plead defensively the immunity or exemption
as against City, including its officers, employees, agents, or representatives, as
the case may be.
Section 29. insurance.
A. Lessee must provide insurance in the amounts and types of coverages required
by the City's Risk Manager ;;Risk Manager"), a copy of which is attached and
incorporated as Exhibit C. Lessee's insurance company must provide the
Aviation Director and Risk Manager certificate(s) of insurance 30 days prior to
the annual anniversary date of the Effective Date of the Lease, which shows the
levels and types of insurance.
B. The Risk Manager shall annually assess the levels and types of insurance
required by the Lease. The Risk Manager may increase or decrease the levels
or types of insurance by giving Lessee notice no less than 60 days prior to the
annual anniversary date of the Effective Date of the Lease. Lessee has 30 days
to procure the changed insurance and provide written proof of insurance to the
Aviation Director.
C. All insurance required by this Lease must be primary insurance and not in excess
of or contributing with other insurance which Lessee may carry. All policies must
name the City as an additional insured.
Section 30. Notice.
A. Notices are sufficient if in writing and sent by certified mail, return receipt
S
requested, postage prepaid, or by overnight delivery service as addressed below:
Page 12 of 15
if to the:
Corpus Christi International Airport
Attn: Aviation Director
1000 International Drive
Corpus Christi, Texas 78406
if to Lessee:
Mr. James Charles Bernsen
4512 F M 1 889
Robstown, Texas 78380
B. Either party may change the address to which notices are sent under this section
by providing a change of address, in writing, to the other party within ten (1 0)
business days of the change.
Section 31. General Provisions.
A. Mineral Rights. City expressly reserves all water, gas, oil, and mineral rights in
and under the soil beneath the Premises.
B. No Waiver of Forfeiture. Any failure or neglect of the City Manager or Lessee at
any time to declare a forfeiture of this Lease for any breach or default whatsoever
hereunder does not waive the City's or the Lessee's right thereafter to declare a
forfeiture for a similar, other, or succeeding breach or default.
C. Force Majeure. Neither the City nor Lessee will be deemed to be in breach of
this Lease if either is prevented from performing any of its obligations hereunder
by reason of force majeure. "Force majeure" means any prevention, delay; or
stoppage due to strikes, lockouts, labor disputes, acts of God, including
inclement weather or periods of excessive rain or snow, inability to obtain labor
or materials or reasonable substitutes therefore, governmental restrictions or
requirements, governmental regulations, governmental controls, inability to timely
obtain governmental approvals, enemy or hostile governmental action, civil
commotion, fire or other casualty, and other causes beyond the reasonable
control of the party obligated to perform. All of the foregoing events excuse the
performance by either party for a period equal to any prevention, delay, or
stoppage, excluding the obligations imposed with regard to the payment of rental
and other charges to be paid by Lessee pursuant to this Lease.
D. Rules and Regulations. The Aviation Director may adopt and enforce rules,
regulations, and policies to be uniformly applied to similar uses and users of
similar space, which Lessee agrees to observe and obey with respect to the use
of the Premises and the Airport, and the health, safety and welfare of those using
the Premises and the Airport.
E. Headings. The titles and headings in this Lease are used only for reference and
in no way define or limit the scope or intent of any provision of this Lease.
F. Venue. Venue of any action brought under this Lease lies in Nueces County,
Texas, exclusively, where the Lease was executed and will be performed.
Page 13 of 1
G. Successors and Assigns. Subject to the limitations upon assignment and
transfer contained herein, this Lease binds and inures to the benefit of the parties
hereto, their respective heirs, successors, and assigns.
H. No Third Party Benefit. No provision of this Lease creates a third party claim
against the City of Corpus Christi, the Airport, or Lessee, beyond that which may
legally exist in the absence of any such provision.
Taxes and Licenses. Lessee must pay, prior to the past due date, all taxes of
whatever character, including ad valorem and intangible taxes, that may be
levied or charged upon the Premises or operations hereunder and upon Lessee's
rights to use the Premises, whether the taxes are assessed against Lessee or
City. Additionally, Lessee must pay any and all sales taxes arising in connection
with its occupancy or use of the Premises whether the taxes are assessed
against Lessee or City. Lessee must obtain and pay for all licenses or permits
necessary or required by law for the installation of equipment and for the conduct
of its operations under this Lease. If Lessee wishes to contest any tax or charge,
that contest will not be a default under the Lease so long as Lessee diligently
prosecutes the contest to conclusion and promptly pays whatever tax is
ultimately owed. Furthermore, Lessee must pay any taxes not being contested
prior to the past due date.
J. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of
all trash and other refuse resulting from its operation on the Premises. Lessee
must provide and use, within Lessee's leased area, suitable sealed and fireproof
receptacles approved by the Aviation Director for all trash and other refuse
generated by Lessee's use of the Premises. The piling of boxes, barrels, or
other similar items in or within view from a public area is not permitted.
K. If Lessee consists of two or more individual persons or entities, each person or
entity named in this Lease is jointly and severally liable for all performances,
obligations, ations, and duties imposed by the terms, conditions, and covenants of this
Lease.
L. Publication Costs. All costs for publication of notice of this Lease required by the
City Charter, if any, must be paid by Lessee.
M. Disclosure of Interests. In compliance with Section 2 -349 of the City's Code of
Ordinances, the Lessee shall complete the City's Disclosure of interests form,
which is attached to this Agreement as Exhibit D, the contents of which, as a
completed form, are incorporated in this document by reference as if fully set out
in this Lease.
Page 14 of 1
EXECUTED IN DUPLICATE ORIGINALS ►LS this day of , 2008.
Attest: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
George K. Noe
City Manager
Approved as to legal form: , 2008
Elizabeth R. Hundley
Assistant City Attorney
for the City Attorney
LESSEE: James Charles Bernsen
Signature Date
STATE OF TEXAS
COUNTY OF
§
§
§
This instrument was acknowledged before me on �- , 2008, by
James Charles Bernsen, TXDL # _ - -� , an individual person.
Notary Public, State of Texas
Page 15 of 1
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CITY OF CORPUS CHRISTI
CORPUS CHRISTI INTERNATIONAL AIRPORT
F T
CORPUS CH I STI, TEXAS
EXHIBIT B
AIRCRAFT OPERATION AREAS SITE PLAN
1
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VEMENT.J R 1. '
•
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•
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NON-MOVEMENT AREA
INACTIVE AREA
AVM
LOCATION
AIRPORT MOVEMENT/NON-MOVEMENT AREAS
CORPUS CHRISTI INTERNATIONAL AI P T
CORPUS H^H ISTI, TEXAS -
EXHIBIT C
LSVRANcEREQUIREMENTS
T'I'S
I. Lee'LLiabi1ity Insurance
A. Lessee must not commence work under this agreement until all insurance required herein is
obtained and such insurance approved by the City. Lessee must not allow any subcontractor to
commence work until all similar insurance required of the subcontractor has been obtained.
13. Lessee must f mish to the City's Risk Manager, two (2) copies of Certificates of Insurance,
showing the following minimum m coverage by insurance company (s) acceptable to the City's Risk
Manager. The City must be named as an additional insured for the General Liability p olio and a
blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
30-day written notice of cancellation, termination
non - renewal or material change is required on all
certificates
Commercial General Liability or Farm Liability
coverage including:
1. Commercial Broad Form
2. Premises — Operations
3. Products/ Completed operations Hazard
4. Contractual Liability
5. Independent Contractor
6. Broad Form Property Damage
7. Personal Injury
8. Herbicide/ Pesticide iabili
Farm Auto Liability or Automobile Liability —__
owned, non -owned or rented
MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
Per occurrence aggregate
1 000 000 Combined Sin # le Limit
$1,000,000 Combined Single Limit
Applicable if employs any one other than
Workers' Compensation or Farm/ Ranch Owners himself/ herself
Liability WhhcompIieswith the Texas workers
p
e do Act
Employers Liability $500,000
C. In the event of accidents of any kind, Lessee must furnish the Risk co Manager with copies of all
g p
reports within (10) ten days of any accident.
2007 Aiiport Farm land lease ins. req.
Exhibit C (page 2 of 2)
II. ADDITIONAL RE UIREMENTS
TS
A. Lessee must obtain workers' compensation coverage through a licensed i
EXHIBIT D
cttY of CORPUS CHRIS'fl
=CLOSURE OF INTEREST
City of * ' ' * #' Ordinance # *17112, as amended, requires all or firms to do business with the City
t ' s - . Every question must be answered. If the quenica is nix applicable, answer with
IsiA". See reverse side for definitions.
P. 0. BOX
w
FIRM LS: 1. Corporation --Partnership .. Sole Owner ( )
4. Association ( )
5. Other ( L...-----_______________
DISCLOSURE QUESUONS ____
If is , ply use t reves side ofts pap or * Wit.
1. tie names ofd of the of Corpus avisti having an 3%
or more the ownersWp in the above Yr -If1 -# "firm."
MMNILIgnilf:4•■•••=11...11MIMEM.11.1•Mm
Name
Job Title and City Department (if known)
2. State the manes of each "of cial" of the Citr of Corpus Christi having an "ownership ' 3% or
more ofthe ownership in the above named "firm."
Name
Title
3. State the names of of the Cibi of Corpus Christi having an "ownetship interest" constituting
3% or more of the ownership in the above named
Name
• Board, Commission, or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest' constituthv 3% or more of the
ownership in the above named "firm."
Consultant
CERTIFICATE
may . that all information on provided is true and correct as of the date of this nt. that i have not knowingly
withheld disclosure ofan i requested; and that supplemental statements will be Tromptly submitted to the
City of Corpus Chrisd, Texas as changes occur.
CardfyingPerson:
Sipature of Certifying Person:
Tit1C:
5
AGENDA MEMORANDUM
February 19, 2008
SUBJECT: Emergency Recovery Operations — Pre - Positioned Contract Development
(Project No. 90043)
AGENDA BA ITEM:
Motion to authorize the City Manager, or his designee, to execute a contract with HR
Engineering, Inc. in the amount of $88,500 for consulting services associated with Pre -
Planning of Emergency Recovery Operations.
ISSUE: In order to expedite post - hurricane recovery operations and maximize
reimbursement from various disaster relief funds, it is essential that necessary plans and
Contracts be developed and in place for rapid recovery response and to provide proper
documentation to support reimbursement requests from emergency funds.
FUNDING: Funding is available from the FY2007-2008 Operating Budget.
RECOMMENDATION: Approval of the ordinance and motion as presented.
Kevin R. Stowers
Interim Director - Engineering Services
Foster Crowell
Director of Wastewater Services
ADDITIONAL INFORMATION
Exhibit A. Background Information
Exhibit A -1. Prior Council Actions
Exhibit P. Contract Summary
H:111-1 MEIl EVINS\GEN \HURRICA \O8MgmMEAwdM mo.doo
Gusta o Gonzalez, ROMP
e�,/b8
Inter' Director of aer Services
rey rya an
irector of Solid Waste Services
ADDITIONAL INFORMATION
CONTRACT: The new contract provided for development of new plans, specifications, bid
and contract documents for pre - positioned contracts to address hurricanes and other
disasters. The new contract documents will be developed to reflect experiences of other
jurisdictions and changes in FEMA regulations.
HDR Engineering will also coordinate with NAS Corpus Christi, the Corpus Christi
International Airport, FAA, FEMA Texas Commission on Environmental Quality and other
agencies to incorporate the current requirements for Debris Management, Debris
Collection, Debris Reduction and Storage Site Agreements as well as collection,
classification and disposal of hazardous wastes.
The contract also provides for a future phase to implement preparedness services
including the pre - positioned contracts and annual contract management services
associated with hurricane /disaster preparedness. These annual management services will
be addressed through amendments for each subsequent hurricane season.
CONTRACT BACKGROUND:
Council originally initiated pre - positioned contracts for hurricane and emergency recovery
operations in 1997. The firm of Shiner Moseley and Associates, Inc., was retained to
develop multi -year pre - positioned contracts for debris and hazardous materials services.
The contracts covered the 1998 through 2002 hurricane seasons. In 2003, a new contract
was issued to Shiner Moseley for contract management services, debris removal and
reduction, and hazardous materials collection and disposal. Shiner Moseley continued to
provide annual training, contractor certification through 2007. Shiner Moseley was
acquired by HDR Engineering during 2007.
A review of local firms indicates no other firm with a local office is currently providing
services relating to pre - positioning of emergency recovery contracts. Therefore, it is
recommended to enter into this agreement with HDR Engineering, Inc. (Shiner-Moseley)
prior to the 2008 Hurricane season.
BACKGROUND: In order to expedite post - hurricane recovery operations and maximize
reimbursement from various disaster relief funds, it is essential that necessary plans and
contracts be developed and in place for rapid recovery response and to provide proper
documentation to support reimbursement requests from emergency funds.
A hurricane or other major disaster will result in a dramatic increase in City workloads. The
City will be required to continue normal operations while mobilizing all available resources
to conduct an effective and efficient disaster recovery operation. Therefore, it was found to
be to the City's advantage to identify, contract and pre - position the contract services that
will be required to undertake recovery efforts. This resulted in several pre- positioned
contracts being put in place during the 1998 hurricane seasons.
EXHIBIT A
Page 1 of 2
H:IHOMEIEVI N S\E NII RRI CAN \OMg mt11EAwd BkgExhA.d oc
Various pre - positioned recovery and damage assessment contracts were activated in 1999
as a result of Hurricane Bret. While the City suffered only limited damage, the recovery
actions were well coordinated. The pre - positioned contracts functioned as intended and
there was satisfaction with the contractors' responsiveness and the speed of recovery.
CONSULTANT: HDR Engineering, Inc. (Shiner, Moseley and Associates, Inc.) successfully
completed the Pre - Planning for the original contract (1997) and the management training
contracts for the 1 998 through 2007 Hurricane Seasons.
ALTERNATIVES: Maintenance of pre - positioning contracts is the only viable method of
minimizing recovery time and assuring maximum recovery of expenditures from FEMA and
other reimbursements.
FUNDING: Funding is available from the Flo -2008 Annual Operating Budget.
Funding is being allocated to the Street, Solid Waste, Wastewater, and Water
Departments' based upon an estimate of the benefit that will accrue to the Departments.
Activation (Hurricane Approach Preparations) and Recovery Operations would be
authorized as an amendment only in the event of a hurricane or other disaster with the fee
being provided at that time.
IMPLEMENTATION TIO SCHEDULE: The implementation schedule provides for all pre -
positioned contracts, all training sessions /exercises, and other tasks for the 2008 Hurricane
Season to be complete by June 1, 2008.
RECOMMENDATION: Approval of the motion as presented.
EXHIBIT A
Page 2of2
1-1:\HOMEWEVINMEN‘HURRICAMO8MgrnMEAwdBkgExhA.doc
PRIOR COUNCIL ACTIONS:
,dune 24 1997 - Motion authorizing staff to waive the 75% local participation rule in
soliciting professional services required for pre-planning post- hurricane recovery
operations M9 -1.
August 18, 1 997 - Authorization for City Manager or his representative to sign a contract
with Shiner, Moseley and Associates, Inc. in the amount of $96,999 for Pre - Planning for
Post Hurricane/Disaster Recovery Operations (M97-223).
Jpriyary 27_,_1998 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 2 to the Contract for Engineering /Consulting Services with Shiner,
Moseley and Associates, Inc., in an amount not to exceed $71,999 for Pre - Planning for
Post - Hurricane /Disaster Recovery Operations (M98-016).
February 9, 1999 - Motion authorizing the City Manager to execute Amendment No. 3 to
the Contract for Engineering /Consulting Services with Shiner, Moseley and Associates,
Inc., in an amount not to exceed $29,909 for Pre -- Planning for Post Hurricane /Disaster
Recovery Operations for 1999 (M99-039).
February 15, 2000 - Motion authorizing the City Manager to execute Amendment No.
to the Contract for Engineering /Consulting Services with Shiner, Moseley and
Associates, Inc., in an amount not to exceed $29,000 for Pre - Planning for Post
Hurricane /Disaster Recovery very Operations for 2000 (M2000-052),
March_ 13, 2001 - Motion authorizing the City Manager to execute Amendment No. 5 to
the Contract for Engineering /Consulting Services with Shiner, Moseley and Associates,
Inc., in an amount not to exceed $29,909 for Pre - Planning for Post Hurricane /Disaster
Recovery Operations for 2001 (M2001-102),
March 2002 --- Administrative award of Amendment No. 6 to the Contract for
Engineering /Consulting Services with Shiner, Moseley and Associates, Inc., in an
amount not to exceed $29,999 for Pre - Planning for Post Hurricane /Disaster Recovery
Operations for 2001-2002.
January 28 2093 - Motion to authorize the City Manager, or his designee, to execute a
contract with Shiner, Moseley and Associates, Inc. in the amount of $80,990 for
consulting services associated with Pre - Planning of Emergency Recovery Operations
(M2003-038),
June 16, 2003 - Motion authorizing the City Manager, or his designee, to execute a
contract to be activated only in the event of a hurricane or other disaster with D &J
Enterprises, Inc. of Auburn, Alabama for Debris Management: Clearing, Removal and
Disposal for Post Hurricane /Disaster Recovery Operations.
.dune Z41 2003 - Motion authorizing the City Manager, or his designee, to execute a
contract, to be activated only in the event of a hurricane or other disaster, with Ash Britt
Environmental of Pompano Beach, Florida in the amount of $1,151,892 for the
Collection, Characterization, and Disposal of Hazardous Waste during Post
Hurri
amount of $30,000 for consulting services associated with Pre - Planning of Emergency
Recovery operations (M2005-061).
Mch 28, 200 - Motion to authorize the City Manager, or his designee, to execute
Amendment ent i' o. 2 to the contract with Shiner, Moseley and Associates, Inc. in the
amount of $30,000 for consulting services associated with Pre - Planning of Emergency
Recovery Operations (M2006 -O92).
March 0 2007 - Motion to authorize the City Manager, or his designee, to execute
Amendment No. 4 with Shiner, Moseley and Associates, Inc. in the amount of $30,000
for a restated not to exceed total fee of $200,000.00 for consulting services associated
with Pre - Planning of Emergency Recovery Operations (M2007-071),
Exhibit A -1
Page 2 of
CONTRACT SUMMARY
PRE - PLANNING FOR EMERGENCY RECOVERY OPERATIONS
ARTICLE 1- SERVICES TO BE PERFORMED
The services will include the development of pre - positioned contracts for recovery operations following
emergencies that require responses in the form of damage assessments, disaster recovery operations and
management, debris collection and reduction, hazardous waste categorization, collection and disposal,
coordination with other units of government and applicable state and federal agencies. The services are
intended to enable the City to respond more quickly and more efficiently to a major disaster, and maximize
eligibility for FEMA reimbursement.
ARTICLE 11 - SCOPE of SERVICES
Engineer's services will be those Basic Services which are in accordance with !Professional Engineering
Services - A Guide to the Selection and Negotiation Process, 1993 ", a joint publication of the Consulting
Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract,
certain services listed in this publication as additional services shall be considered as basic services. These
services are outlined by Exhibit A (Detailed Scope of Work).
A. Basic services
Contract Development - Prepare pre - positioned contacts for post - hurricane, tornado, flooding, or other
disaster recovery operations consisting of revisions of contracts, preparation of bid packages, and
assistance with the bid process and contract awards for debris clearing, collection, reduction and
hazardous wastes.
B. Additional Services
Additional services are not authorized, but are subject to negotiation and authorization when they may be
needed.
The Engineer will use sub - consultants experienced with post -event operations and FEMA policies to
supplement their workforce during major post -event operations.
C. Order of Services
Engineer agrees to begin work on February 20, 2008. The City will provide a prompt response to the
Engineer for guidance, direction, or approval of all work submitted in the various phases. The Engineer
will initiate work only for those tasks authorized. Any tasks requiring an additional fee will be authorized
in writing and evidenced in writing as are amendment to the contract. The City Engineer may verbally
direct The Engineer to initiate services pending the issuance of a future amendment in writing. The
preliminary schedule is attached as Exhibit E.
D. Corrective Matters
Any extra cost and expense in correcting Engineer's services caused by failure of the Engineer to
exercise a reasonable professional standard of care will be paid by the Engineer and not reimbursed by
the City.
ARTICLE 111 - FEES AUTHORIZED
The City will pay the Consultant a total not to exceed fee of $88,500.00 for 2008 services. This fee will be full
and total compensation for all services provided and expenses incurred in performing the tasks specified.
The table "Summary of Fees" shall be used when calculating the fee due for the proportion of services
completed. The City shall make prompt payments in response to Consultant's statements for Professional
Services.
Exhibit B
Paoi of 2
Billing for services provided will be based on the Consultant's estimate of the percent of services complete at
the time of billing. Engineer will submit monthly statements for work authorized by the City Engineer and
performed by the Consultant. The statement will be based upon Consultant's estimate and concurrence by
the City of the proportion of the total services actually completed at the time of billing. The City will make
prompt monthly payments in response to Consultant's monthly invoices.
All invoices shall be accompanied by a cover letter summarizing the fee in accordance with the Summary
Schedule of Fees. Invoices will be sequentially numbered for each project and state the project name. The
letter shall state the number of the current invoice, the contract fee for each task, the amount previously
invoiced for each task, and the current amount due. Invoices may be organized as required to accommodate
funding sources.
Contractor management services will be authorized, at the sole discretion of the City Manager, or his
designee, in the event of a hurricane, tornado, flooding, or other major natural or man- caused disaster. The
Engineer may be verbally directed to initiate services pending the issuance of a future amendment in writing.
Time and material components will include those services provided in association with a specific event. These
will include (a) pre -event mobilization, (b) coordination of DAT activities, management of the contract
operations center to coordinate response contractors, (d) select monitoring of the contractors operations, (e)
coordination with FEMA and the state on reimbursement issues, and (f) other services as may be requested by
the City.
Summary f Fees:
Tasks
BASIC SERVICES
Description
Fee
Contract Development, Regulatory Review,
RFP/RFQ Preparation, Contracting Assistance
Annual Workshop
$88,500
BASIC SERVICES SUBTOTAL $88,500
ADDITIONAL SERVICES
B1
Contractor Monitorin2 Mana • event Su • .ort
B2 Debris Management per FEMA Pilot Program
83 Annual Hurricane Season Implementation
B4 Annual Contract Review
To Be Nes otiatedlAuthori ed
To Be Ne • otiated /Authorized
To Be Nes otiated /Authorized
To Be Ne • otiated /Authorized
B5 Management of Contractor Services
To Be Negotiated /Authorized
ADDITIONAL SERVICES SUBTOTAL $-0-
TOTAL $88 500
Exhibit B
Page 2 of 2
6
AGENDA DA M MI UM
AGENDA ITEM:
February 19, 2008
Motion authorizing the City Manager to execute a Development Agreement with The Preserve at
Mustang Island, LLC, (Developer), to establish development requirements for a mixed use residential
project located north of Zahn Road, adjacent to the Gulf of Mexico on Mustang Island
ISSUE: The Development Agreement will allow for the recordation of the plat, temporary use of city water
connections, and the exterior maintenance of the Zahn Road waste water lift station. The recordation of the
plat will enable the applicant to construct a limited number of on -site improvements and required off -site
infrastructure improvements simultaneously. The simultaneous construction of both the on -site and off -site
improvements will allow the developer to have a limited number of model homes and an amenity center
available for showcase and marketing during the peak real estate seasons. The recordation of the plat will
occur once the applicant posts the required securi
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The Preserve at Mustang Island, ITC, (Developer), is developing
Tortuga Dunes Subdivision, a mixed use residential project located north of Zahn Road,
adj
structure is to be built for residential occupancy purposes nor may be occupied by
residents prior to completion and acceptance of the wastewater system; and
G. The Developer proposes to build and tap the eight inch water line on Zahn Road
for a temporary water service connection, allowing for the irrigation of the land on
which mitigation compensation activities, newly planted dune vegetation, and
subdivision construction will occur, and to provide water for a temporary sales center
at the comer of Highway 361 (Park Road 53) and Zahn Road.
I. The Parties agree that the Developer may utilize the temporary sales center for the
period of deferment of infrastructure improvements described herein below.
L All other ordinances, rules and regulations concerning the development shall apply.
Exhibit A.
THE PRESERVE AT MUSTANG ISLAND V OPM l T AGREEMENT
STATE OF TEXAS
COUNTY OF NUECES
This The Preserve at Mustang Island Development Agreement (Agreement) is made and entered
into by and between the City of Corpus Christi, Texas (City), a Texas home rule municipality,
and The Preserve at Mustang Island, LLC (Developer), a Delaware limited liability company,
hereinafter collectively referred to as the `Parties," upon the premises and for the purposes set
out herein, and is effective as stated in this Agreement.
INTRODUCTION
A. The Developer is pursuing the development of property it owns located adjacent to the Gulf
beach and north of Zahn Road through a planned unit development of a residential resort
community;
B. The Developer desires to begin construction of certain common development amenities and
model home buildings in order to facilitate the development of the property;
C. The City's Platting Ordinance prohibits the issuance of building permits prior to the
construction of water and wastewater facilities to serve each lot within the development;
D. Construction of the water and wastewater facilities required to serve the development will
significantly delay the recording of the approved plat and issuance of the required permits;
E. The Developer proposes to limit construction to specified improvements, provide an alternate
means of wastewater service until the wastewater facilities are designed, constructed,
approved and accepted by the City, if required, and to post an adequate security to assure the
completion of the concurrent construction of the wastewater facilities;
F. The Developer desires the City to record the plat with the understanding that only permits for
the specified sales and marketing- related improvements will be issued prior to said
wastewater facilities being designed, constructed, approved and accepted, sufficient security
for construction of the deferred improvements will be deposited with the City, alternate
wastewater disposal will be provided until the wastewater facilities are approved and
accepted by the City, and no residential structure is to be built for residential occupancy
purposes nor may be occupied by residents prior to completion and acceptance of the
wastewater system; and
G. The Developer proposes to build and tap the eight inch water line on Zahn Road for a
temporary water service connection, allowing for the i
construction will occur, and to provide water for a temporary sales center at the corner of
Highway 361 (Park Road and Zahn Road.
I. The Parties agree that the Developer may utilize the temporary sales center for the period of
deferment of infrastructure improvements described herein below.
1. Except as specified herein, all other ordinances, rules and regulations concerning the
development shall apply.
NOW, THEREFORE, for the mutual assurances set forth herein and good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the
Parties agree as follows:
Section 1. Deferment o_lnfrastructure Improvements. The Developer and City agree that
infrastructure improvements as shown on the final plat of The Preserve at
Mustang Island are deferred. The deferred Infrastructure Improvements must be
designed, constructed, approved and accepted before two years after the date of
this Agreement.
1.1. The Developer will pay 100% of the total cost (including engineering, permits,
testing and construction) of the deferred improvements, all as set out on Exhibit A
attached. The wastewater and water improvements are not excluded from
eli
1.. After Developer designs and constructs the eight (8) inch water line along Zahn
Road and after acceptance of the same by the City, Developer may tap said line to
provide a temporary water connection for irrigation of the land on which
mitigation compensation activities, or newly planted dune vegetation required to
be planted by the dune protection permit andlor beachfront construction permit
related to the project will occur and for a temporary sales center on the property at
the comer of Highway 361 (Park Road and Zahn Road, even though the
temporary sales center is not a platted lot.
1.7. Developer agrees, at its sole expense, to design and construct the perimeter wall
around the Zahn Road liftstation as depicted in Exhibit "C" attached and, at its
sole expense to provide for the design, installation, and maintenance of
landscaping and a proper irrigation system for the Zahn Road Iifistation, as
depicted in Exhibit "C" attached, once construction of the facility is completed.
Developer agrees to establish a property owners or homeowners association,
providing i
c. Two Swimming Pools: Adults and Kids
d. Amenity Monument Structure
e. Roundabout with Fountain
f. Connecting Decks and Sun Bathing areas around Pools and Bath Houses
g. Arbors and Trellises
h. Dune walk -over
i. Landscaping
j . Electrical, Telephone, Cable Television, and other utility services
Temporary Sales Center, with Water Line and Water Service Connection.
Four model homes, with functional plumbing systems, but without a functional
connection to an approved public wastewater system.
The Amenity Center, Temporary Sales Center and Four model homes will be
located on the lots depicted on Exhibit B.
3.2 Upon the completion of construction and upon receipt of approved inspections,
the City will issue to Developer limited Certificates of Occupancy for the use of
the constructed improvements for purpose of a sales office and reception area and
for model home purposes, with no right to occupy the premises for residential
purposes, unless said wastewater improvements have been designed, constructed,
approved, and accepted, then City will issue to Developer unencumbered
Certificates of Occupancy for all constructed improvements.
Section 4. The following general terms and conditions shall apply to this Agreement:
4.1 Term. The term of this Agreement will commence on the Effective Date (as
defined below) and continue until completion of the objectives of this Agreement,
unless terminated on an earlier date under other provisions of this Agreement or
by written agreement of the City and the Developer, as provided for in Section 4.2
below. The Effective Date of this Agreement will be the date of full execution by
the Parties. This Agreement will be binding upon and inure to the benefit of the
Parties and their respective successors and assigns.
4.2. Amendment by Agreement. This Agreement may be amended at any time by
mutual written consent of the City and the Developer, or its successors or
permitted assigns.
4.3. Assignment. This Agreement and the rights of the Developer may be assigned to
any subsequent owner ofthe property, subject to the prior written consent ofthe City,
which consent will not be unreasonably withheld. Any assignment will be in writing,
will specifically set forth the assigned rights and obligations and will be executed by
the proposed assignee.
Page4of8 071022
4.4. Cooperation. The Parties will cooperate with each other as reasonable and
necessary to carry out the intent of this Agreement, including but not limited to
the execution of such further documents as may be reasonably required.
4.5. Notice. Any notice given under this Agreement must be in writing and may be
given: (0 by depositing it in the United States mail, certified, with return receipt
requested, addressed to the party to be notified and with all charges prepaid; (ii)
by depositing it with Federal Express or another service guaranteeing "next day
delivery ", addressed to the party to be notified and with all charges prepaid; (iii)
by personally delivering it to the party, or any agent of the party listed in this
Agreement; or (iv) by facsimile with confirming copy sent by one of the other
described methods of notice set forth. Notice by United States mail will be
effective on the earlier of the date of receipt or three (3) days after the date of
mailing. Notice given in any other manner will be effective only when received.
For purposes of notice, the addresses of the Parties will, until changed as provided
below, be as follows:
City:
r
With Required Copy to:
Developer:
With Required Copy to:
City of Corpus Christi
Attn: City Manager
1201 Leopard Street
PO Box 9277
Corpus Christi TX 78469 -9277
City of Corpus Christi
Attn: City Attorney
1201 Leopard Street
PO Box 9277
Corpus Christi TX 78469 -9277
The Preserve at Mustang Island, LLC
c/o Forestar (USA) Real Estate Group, LLC
Attention: Darlene Lout
1300 S. MoPac Expressway
Austin, Texas 78746
(512) 434 -5776
Forestar (USA) Real Estate Group, LLC
General Counsel
1300 S. M IoPa xpress vay
Austin, Texas 78746
. 512 434-5646
Page5of8 071 022
The Parties may change their respective addresses to any other address within the
United States of America by giving at least five days' written notice to the
other party. The Developer may, by giving at least five (5) days' written notice to
the City, designate additional parties to receive copies of notices under this
Agreement.
4.6. Severability; Waiver. If any provision of this Agreement is illegal, invalid, or
unenforceable, under present or future laws, it is the intention of the Parties that
the remainder of this Agreement not be affected, and, in lieu of each illegal,
invalid, or unenforceable provision, that a provision be added to this Agreement
which is legal, valid, and enforceable and is as similar in terms to the illegal,
invalid, or enforceable provision as is possible. Each of the rights and obligations
of the Parties hereto are separate covenants. Any failure by a party to insist p on
strict performance by the other party of any provision of this Agreement will not
be deemed a waiver of such provision or of any other provision, and such party
may at any time thereafter insist upon strict performance of any and all of the
provisions of this Agreement.
4.7. Applicable Law and Venue. The laws of the State of Texas, except conflict of
laws, govern the interpretation, performance, enforcement and validity of this
Agreement. Venue will be in a court of appropriate jurisdiction in Nueces
County, Texas.
4.8. Entire Agreement. This Agreement contains the entire agreement of the Parties
and there are no other agreements or promises, oral or written between the Parties
regarding the subject matter of this Agreement. This Agreement can be amended
only by written agreement signed by the Parties. This Agreement supersedes all
other agreements between the Parties concerning the subject matter hereof.
4.9. Exhibits, Headings, construction and Counterparts. All schedules and exhibits
referred to in or attached to this Agreement are incorporated into o and made a part
of this Agreement for all purposes. The section headings contained in this
Agreement are for convenience only and do not a or enlarge or limit the scope p
meaning of the sections. The Parties acknowledge that each of them have been
actively and equally involved in the negotiation of this Agreement. Accordingly,
the rule of construction that any ambiguities are to be resolved against the drafting
party will not be employed in interpreting this Agreement or any exhibits hereto.
This Agreement may be executed in any number of counterparts, each of which
will be deemed to be an original, and all of which will together constitute the
same instrument. This Agreement will become effective only when one or more
counterparts bear the signatures of all the Parties.
4.10, Authorityfor Execution. The City certifies, represents, and warrants that the
execution of this Agreement is duly authorized and adopted in conformity with
Page 6 of 8 071022
City ordinances. The Developer hereby certifies, represents, and warrants that the
execution of this Agreement is duly authorized and in conformity with
the articles of incorporation and bylaws.
4.11. RelatiomParties. In performing Agreement both the City and
Developer will act in an individual , and not as agents, representatives,
employees, employers, partners, joint-venturers, or associates of one anotber. The
employees or agents ofeither party may not be, nor be construed to be, the
employees or agents of the other party for any purpose.
4.12. 4urvival ofTaint. All representations, warranties, covenants and agreements of
the Patties, as well as any rights and benefits of the Parties penaining to the
transaction contemplated hereby, wilt survive the ' ' execution date of this
4.13. Proportionality. The Developer agrees that the public improvements
contemplated to be made by or at the dense of the Developer are roughly
proportional to the Development under Section 212.904, Texas Local Government
Code.
4.14. Conflict withvisions of City orilinances and . Should any term or
Sion of this Development conflict with any tom, provision, rule,
or regulation of any City ordinance or fie, then to the -extent of such conflict
only, the terms of this Development shall control. In all other respects
and applications, the City's ordinances and codes shall apply to this development.
4.15. facusggiaggaxallikanots. Developer, as its obligation at its expense,
shail 1 with all other regulations and re that apply to
�y �
the project.
The undersigned Fades have executed this Agreement on the dates indicated below.
THE PRESERVE AT MUSTANG ISLAND, L.L.0 A Delaware limited liability company
By Forest (USA) Real Estate Group Inc., its Managing Member
Attest:
-pe, . f?
Attorney for The serve at Mustang Ism I.L.C.
THE CITY OF CORPUS CBRISTI
By: George K. Noe
Tie: City IVIanager
Date:
Attest:
By: Armando Chapa
Title: City Secretary
Approved as to form
Mary Kay Fischer, City Attorney
By: Gary W. Smith
Title: Assistant City Attorney
EXHIBIT A
The Preserve at Mustang Island Development Agreement
Construction Contract Prices for Construction of the Development
pment
MITIGATION COMPENSATION:
A. STORM WATER POLLUTION PREVENTION:
ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
1 Filter Fabric Fence - Single Layer 4,884 LF $1.80 $8,'791.20
2 Construction Entrance 1 LS $1,500.00 $1,500.00
3 Straw Bale Fence (For Mitigation Compensation Area Only) 19 EA $500.00 $9,500.00
4 Straw Fence {For Mitigation o npen ati n sing ) 1 LS $1,200.00 $1,200.00
STORM WATER POLLUTION PREVENTION SUB - TOTAL: $20,991.20
B. SITE PREPARATION & IMPROVEMENTS:
ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
5 Site Clearing and Stripping 20.00 AC $2,200.00 $44,000.00
6 Site Grading 87,027 C $650,000.00 $650,000.00
SITE PREPARATION & IMPROVEMENTS SUB - TOTAL: $694,000.00
C. WATER IMPROVEMENTS:
TS:
ITEM N. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
7 PVC Pressure Pipe - 8" 2,065 LF $26.81 $55,362.65
8 Gate Valve - 2 EA $1,500,00 $3,000.00
9 Fire
Hydrant Al on Zahn i oad EA $1'7,600.00
10 HMAC Pavement Repair - Zahn Road 65 SY $38.00 $2,470.00
11 Tie to Existing Waterline - 20" 1 LS $3,160.00 $3,160.00
WATER IMPROVEMENTS SUB-TOTAL:
$81,592.65
MITIGATION ' M NSA N ESTIMATED IMPROVEMENTS SUB-TOTAL: $796,583.85
DEVELOPMENT:
PMENT:
A. STORM WATER POLLUTION PREVENTION:
ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
12 Filter Fabric Fence # Single Layer 4,336 LF 1. 0 $7,804.80
13 Inl t Pr t ti n Barriers 16 E 1 $1,600,00
14 Manhole Protection Barriers 4 EA $75.00 $300.00
15 Straw Bale Fence (Prior to Grading Plan) 5 EA $500.00 $2,500.00
16 Erosion Control Bales 1 LS $1,500.00 $1,500.00
17 Construction Fencing - Orange 368 LF $3.00 $1,104.00
STORM WATER POLLUTION PREVENTION SUB- TOTAL: $14,808.80
B. SITE PREPARATION & IMPROVEMENTS:
ITEM N. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
18 Site Clearing and Stripping 13.00 AC $1,500.00 $19,500.00
19 Site Grading (Additional Fill ceded 119,627 CY $1,425,000.00 $1,425,000.00
SITE PREPARATION & IMPROVEMENTS SUB - TOTAL: $1,444,500.00
C. SANITARY SEWER IMPROVEMENTS:
ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
20 " Gravity Sanitary Sewer @ 0' - 5' 2,929 LF $29.00 $84,941.00
21 8" Gravity Sanitary Sewer @a 5' - 7' 826 LF $32.00 $26,432.00
22 "r Gravity Sanitary Sewer @ 7' - 9t 4 1 LF $35 . $16,135.00
23 " Gravity Sanitary Sewer @ 9' - 11' 340 LF $40.00 $1 3,600.00
24 err Gravity Sanitary Sewer @ 11' - 13' 500 LF $23,000.00
25 " Gravity Sanitary Sewer @a 13' - 15' 447 LF $5 . $22,350.00
26 l 't Gravity Sanitary Sewer 15' - 17' 1 4 LF 57, $9,348.00
27 " Gravity Sanitary Sewer @ 21' - 23" 79 LF $76.00 $6,004.00
28 Sanitary Sewer Fiberglass 4" Dia. Manhole @ 0' - 5' 12 EA $3,000.00 $36,000.00
29 Sanitary Sewer Fiberglass 4' Dia. Manhole @a 5' - 7' 7 EA $2,600.00 $1 8,200.00
30 Sanitary Sewer Fiberglass 4' Dia. Manhole @a 7' - 9' 1 EA $2,900.00 $2,900.00
31 Sanitary Sewer Fiberglass 4' Dia. Manhole @a 9' - 111 2 EA $3,300.00 $6,600.00
32 Sanitary Sewer Fiberglass 5' Dia. Manhole ca 13' - 15' 2 EA $7,000.00 $14,000.00
33 Sanitary Sewer Fiberglass 5' Dia. Manhole @ 21' ; 23' 1 EA $11,200.00 $11,200.00
34 Sanitary Sewer Fiberglass 4' Dia. Manhole with Drop
Connection @ 11+ - 13' EA $,. $8,800.00
3 Sanitary Sewer Fiberglass 5' Dia. Manhole with Drop
Connection @ 13' - 15' 1 EA $8,225.00 $8,225.00
3 Sanitary Sewer Fiberglass 5' Dia. Manhole with Drop
Connection @a 15' - 17' 2 EA $,3, $16,600.00
Sanitary nitary Sewer Fiberglass 5' Dia. Manhole with Drop
Connection @ 17' - 19' 1 EA $1 5 $10,250,00
38 " PVC SDR 26 End Plug 4 EA $250.00 $1,000.00
39 4" SCH Cleanout 1 EA $725. 725, 00
40 Short 4" Sanitary Service Connection @ 0' - 30" 54 EA $1,350.00 $72$725,00
41 Long 4" Sanitary Service Connection @ 30' ; 50' 32 EA $1,750.00 $56,000 00
42 Extra Long '" Sanitary Service Connection @a 501+ 2 EA $2,1 00.00 $4,200.00
43 Tie to Future Public Sanitary Sewer Manhole Stub Out 1 LS $1,500.00 $1,500.00
44 Trench Safety for Sanitary Sewer , 819 LF $25.20 $71,038.80
45 HMAC Pavement Repair 24 S $18.00 $432.00
46 Dewatering 1 Well Pointing anhrar sewer) r 4,000 LF $28.00 $112,000.00
47 Short " Deep Cut Sanitary Service Conn. @ 30" 10 EA $1,600.00 $16,000.00
48 Long 4t" Deep Cut Sanitary Service Conn. @ 3' - 5' 4 EA
2100 $8,40,
ON-SITE SANITARY SEWER IMPROVEMENTS SUB-TOTAL: $6 78,780.8
D. STORM SEWER IMPROVEMENTS:
ITEM N. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
49 Reinforced Concrete Pipe Culvert - 15" 38 LF $42.20 $1,603.60
50 Reinforced Concrete Pipe Culvert - 18" 1,250 LF $51.00 $63,750.00
51 5' Curb Inlets 16 EA $2,500.00 $40,000.00
52 Storm Sewer 4' Diameter Manhole 4 EA $3,000.00 $12,000.00
53 Inlet Structure - Type "A" EA $1,950.00 $7,800.00
54 Gutfall Structure - Type r "A" 3 EA $3,000.00 $9,000.00
55 Outfall Structure - Type "B" 2 EA $3,500.00 $7,000.00
STORM SEWER IMPROVEMENTS SUB-TOTAL: $141,153.60
E. WATER IMPROVEMENTS:
ITEM N O. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
54 PVC Pressure Pipe - 8" 5,308 LF $33.00 $175,164,00
55 Gate Valve - " 24 EA $1,200.00 $28,800.00
56 Ductile Iron Fittings - 8" 22 EA $500.00 $11,000.00
57 Cap with Blow Off and Riser - 8"
58 Fire Hydrant
59 Short Single Service Water Connection @ 0' -30'
60 Short Dual Service Water Connection a@ 0' - 30'
61 Long Dual Service Water Connection @a 30' - 50'
62 Short Water Service Stub Out J 0' - 30'
63 Long Water Service Stub Out @ 30' - 50'
Long Water Service Stub Out with Single Service
64
30' - 5'
65 14" Steel Casing
66 Connection to Existing Gate Valve - 8"
8 EA
9 EA
21 EA
25 EA
13 EA
3 EA
3 EA
2 EA
$1,000.00
$4,600.00
$ 1,450.00
$2,000.00
$2,500.00
$ 1,950.00
$2,300.00
$2,150.00
475 LF $80.00
1 LS $1,600.00
WATER IMPROVEMENTS SUB-TOTAL:
F. STREET IMPROVEMENTS:
ITEM N. DESCRIPTION
67 Reinforced Concrete Pavement - 5"
68 Reinforced Concrete Curb and Gutter - 6"
69 Cement Stabilized Base - 6" (Sand)
70 Concrete Edger for Hot Mix Asphaltic Concrete - 6"
71 Hot Mix Asphaltic Concrete, 1 1/2"
72 Reinforced Concrete 4' Sidewalk
73 ADA Curb Ramps
74 HMAC Pavement Repair - Zahn Road
75 Street Signs
$8,000.00
$41,400.00
$30,450,00
$50,000.00
$32,500.00
$5,850.00
$6,900.00
$4,300.00
$38,000.00
$1,600.00
$433,964.00
QUANTITY UNIT UNIT PRICE TOTAL COST
8,473 SY $38.00 $32 1,974.00
5,666 LF $12.00 $67,992.00
4,904 SY $14.00 $68,656.00
466 SY $50.00 $23,300.00
ITEM REMOVED DUE TO SELECTION OF ALTERNATIVE '',4"
17,977 SF $6.00
60 EA $319.50
52 SY $15.50
14 EA $400.00
STREET IMPROVEMENTS SUB - TOTAL:
DEVELOPMENT S IMA T D IMPROVEMENTS SUB-TOTAL:
$107,862.00
$19,170.00
$806.00
$5,600.00
$ 15,360.00
$3,328,567.20
ALTERNATES:
A. ALTERNATE - A:
ITEM N.
Al Brick Road Pavers
DESCRIPTION QUANTITY UNIT UNIT PRICE
39,941 SF $5.45
ALTERNATIVE - A SUB- TOTAL:
Note: Alternative A removes item 71 from the cost of the project
TOTAL COST
$217,678.45
$217,678.45
TOTAL DEVELOPMENT IMPROVEMENTS TS COST: $4,342,829
The Preserve at Mustang Island Development Agreement
Construction Contract Prices for Construction of the Public Zahn Road Lift Station and Force Main
LIFT STATION
A. STORM WATER POLLUTION PREVENTION
ITEM DESCRIPTION RII TION QUANTITY UNIT UNIT PRICE TOTAL COST
80 Filter Fabric Fence 352 LF $3.50 $1,232.00
81 Construction Entrance 1 LS $1,500.00 $1,500.00
STORM WATER POLLUTION PREVENTION SUB .TOTAL: $2,732.00
B. SITE PREPARATION & IMPROVEMENTS
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
82 Site Clearing and Stripping 0.32 AC $1,500.00 $480.00
83 Site Grading & Fill 890 CY $17.00 $15,130.00
84 Landscape Fabric 230 SY $4.00. $920.00
85 Crushed Limestone ; 4" 7 $100.00 $7,600.00
SITE PREPARATION & IMPROVEMENTS SUB- TOTAL: $24,130.00
C. LIFT STATION IMPROVEMENTS
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
86 8' Fiberglass Wet Well with Footing and Top 1 LS $40,000.00 $40,000.00
87 Flygt NP3153.181 (20 hp) 2 EA $16,800.00 $33,600.00
88 Installation of Wet Well and Pumps 1 LS $75,000.00 $75,000.00
89 Yard Piping 1 LS $20,000.00 $20,000.00
90 Valves 7 EA $1,200.00 $8,400,00
91 Flow Meter 2 EA $27,000.00 $54,000.00
Lift Station Accessories
92 Cable Rack, Access Covers, Brackets 1 EA $6,000.00 $6,000.00
93 Floats, Lift Chains, Guide Rails and Brackets 1 EA $8,000,00 $8,000.00
94 Odor Control 1 EA $1 50,000.00 $150,000,00
95 SCADA System 1 EA $30,000.00 $30,000.00
96 " Gravity Sanitary Sewer ca 17' - 19' 177 LF $210.00 $37,170.00
97 " Gravity Sanitary Sewer @ 19' - 21' 18 LF $240.00 $4,320.00
98 unitary Sewer Fiberglass 5' Dia. Manhole @a 17' - 19' 2 EA $9,000.00 $1 8,000.00
99 Sanitary Sewer Fiberglass 5' Dia. Manhole a@ 19' - 21' 1 EA $12,000.00 $12,000.00
100 Manifold for Valves and Flow Meters 1 EA $2,000.00 $2,000.00
101 D watering - Lift Station 1 LS $12,000.00 $12,000.00
102 Trench Safety (Pipe) 195 LF $30.00 $5,850.00
103 Trench Safety (Lift Station) 40 LF $312.50 $12,500.00
103 Miscellanous Site Work ALLOWANCE $12,000.00 $12,000,00
LIFT ST TIN IMPROVEMENTS S B- TOTAL: $540,840.00
D. PAVEMENT IMPROVEMENTS
ENTS
ITEM DESCRIPTION QUANTITY UNIT Mu PRICE TOTAL COST
104 Reinforced Concrete Pavement - 't 177 SY $112.00 $19,824.00
105 Cement Stabilized Sand - " 232 Sy $12.00 $2,784.00
106 Hot Mix Asphaltic Concrete - 1 1/2" 38 Y $50.00 $1,900.00
107 FIMAC Pavement Repair 12 SY $80.00 $960.00
PAVEMENT IMPROVEMENTS SUB-TOTAL: $25,468.00
E. ELECTRICAL IMPROVEMENTS
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
108 Lift Station Controls 1 LS $12,000.00 $12,000.00
109 General Electrical 1 LS $40,000.00 $40,000.00
110 Transformer Pad 1 LS $2,000.00 $2,000.00
111 Trenching & Conduit 2,130 LF $12.00 $25,560.00
112 AEP Improvements 1 LS $25,000.00 $25, 000.
ELECTRICAL IMPROVEMENTS SUB - TOTAL: S104,560.00
D. MISCELLANOUS
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
113 Decorative CMU Wall & Footing 220 LF $450.00 $99,000.00
114 Gate with Card Reader 1 EA $20,000.00 $20,000.00
MISCELLANOUS SUB - TOTAL: $119,000.00
Lift Station Construction Sub - Total: $816730OO
.
DUAL FORCE MAIN
ITEM
115
A. STORM WATER POLLUTION PREVENTION
DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
Filter Fabric Fence 6,405 LF $3.5O $22,417,50
STORM WATER POLLUTION PREVENTION SUB-TOTAL: $22,417.50
B. SITE PREPARATION & IMPROVEMENTS
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
116 Site Clearing and Stripping 1.64 AC $800.00 $1,312.0
SITE PRE ARA TI N & IMPROVEMENTS SUB - TOTAL: S1,312.00
D. FORCE MAIN IMPROVEMENTS
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
117 4" PVC Force Main 7,106 LF $15. $106,590.00
11 4" PVC Force Main - Seamless 1,310 LF $30.00 $39,300.00
119 Ductile Iron Fittings ; " 15 EA $225.0Q $3,375.00
120 Air Release Valve - " 4 EA $2,000.00 $8,000.00
121 " Connection to Existing Manhole 1 LS $1,000.00 $1,000.00
122 Directional Drilling - For 4" 400 LF $70.00 $25,000.00
123 Steel Casing - 6" 336 LF $50.00 $16,800.00
124 6" PVC Force Main 7,106 LF $20.00 $1 42,120.00
125 6" PVC Force Main - Seamless 1,310 LF $35.00 $45,850.00
126 Ductile Iron Fittings - 6" 15 EA $225.00 $3,375.00
127 Air Release Valve - 6" 4 EA $2,500.00 $1 0,000.00
128 Trench Safety for Force Main 160 LF $3.00 $480.00
129 6 " Connection to Existing Manhole 1 LS $1,000.00 $1,000.00
130 Directional Drilling - For " 400 LF $90.00 $36,000.00
131 Steel using - 10 +' 336 LF $70.00 $23,520.00
132 De watering - Force Main Only 3,550 LF $25.00 $88,750.00
133 Floating Resistance Blocks 30 EA $00.00 $15,000.00
134 Force Main Signage 10 EA $250.00 $2,500.00
135 Bollards for Air Release Valves 16 EA $75.00 $1,200.00
136 Traffic Control ALLOWANCE $8,000.00 $ ,000.00
FORCE i IN IMPROVEMENTS T SUB-TOTAL: $550,860.
E. ADDITIONAL IMPROVEMENTS
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
137 " PVC Pipe 1,31 LF $7.00 $9,170.00
138 8" PVC Pipe 1,310 LF $40.00 $52,400.00
139 12" PVC Pipe 1,310 LF $45.00 $58,950.00
140 8" PVC Pipe (Purple) 1,310 LF $40,00 $52,400.00
ADDITIONAL IMPROVEMENTS SUB-TOTAL: S172,920.00
Dual Force Main Construction Sub-Total:
PROFESSIONAL SERVICES
$777,509.50
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL COST
141 Engineering 7,50% $119,567,96
142 Topographic Survey 2.00% $31,884.79
143 Construction Administration 2.00%
$31,884.79
144 Testing t hni al 1.00%
$15,942.40
145 Right-of-Way Acquisition 37,560 SF $5.00 $187,800.00
146 ROW Surveying, Parcel Descriptions, & Maps $5,000.00
147 Storm Water Pollution Prevention Plan $7,500.00
148 Traffic Control Plan $5,000.00
PROFESSIONAL SERVICES SUB- TOTAL: $404,579.94
TOTAL PUBLIC LIFT STATION IMPROVEMENTS . .
TOTAL DEFERRED IMPROVEMENT COSTS: 86,341,648.94
PS lHdYel
EXHIBIT Al
THE PRESERVE AT MUSTANG ISLAND
DEVELOPMENT AGREEMENT
STREET AND SIDEWALK DEFERRED
I N FRASTR UCTU 1S IMPROVEMENTS
1
(301)614 -NCO
•
FAX
814 -401
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FOR PITERMI REVIEW
ONLY NOT v
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EXHIBIT B
CIE- THE PRESERVE AT MUSTANG ISLAND
DEVELOPMENT A REEMENT
s ;
STRUCTURE IMPROVEMENT LOCATIONS
■ AL
4301 CO1.1I1 A R ROAD CORPUS C HR 1$TI, TEXAS 71411
000) 677.2831 (MI Q14 - 9900 FA [3611 a 14 - 401 ++l01.101-ergneer>np.aam
FORD DOTE RIM REVIEW
FOR PEANUT PURPOSES
ONLY NOT FOR
CONSTRUCnlOH OR BIDDING
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DAVID V I2 EROR+Nk SR . P
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Ex. C
7
Page 1 of 16
AN ORDINANCE
ENACTING NEW ARTICLE 1V OF CHAPTER 13, CODE OF
ORDINANCES, ENTITLED "VACANT DOWNTOWN BUILDINGS;"
ESTABLISHING PROPERTY MAINTENANCE, SECURITY, AND
MONITORING PROVISIONS REQUIRED FOR VACANT DOWNTOWN
PROPERTIES; ESTABLISHING DOWNTOWN VACANT BUILDING
REGISTRATION AND INSPECTION N EQUIREME TTS;
ESTABLISHING FEES; ESTABLISHING ENFORCEMENT
PROVISIONS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
PENALTIES; PROVIDING FOR S EVERANCE; AND PROVIDING FOR
PUBLICATION
WHEREAS, the presence of unoccupied, improperly maintained buildings in the downtown
area pose risks to the public health and safety as the buildings pose an increased risk from fire,
can contribute to the deterioration of adjacent structures, and attract vagrants, gang members and
criminals;
WHEREAS, the unoccupied and improperly maintained buildings in the downtown area are a
blight and cause deterioration and instability;
WHEREAS, such improperly maintained buildings must be abated and rehabilitated;
WHEREAS, the Downtown Revitalization Committee recommended the creation of an
ordinance to address vacant downtown buildings and various downtown interest groups,
including the Downtown Management District, have participated in the drafting of the ordinance;
WHEREAS, the City Council has determined that this amendment would best serve public
health, necessity, and convenience and the general welfare of the City of Corpus Christi and its
citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. That Chapter 13 "Code Enforcement, Housing and Neighborhood Improvement,"
of the Code of Ordinances is amended by adopting a new Article IV "Vacant Downtown
Buildings" which shall read as follows:
"ARTICLE IV. DOWNTOWN VACANT BUILDINGS
Sec. 13-4001. Declaration of policy.
(a) The cit council finds and declares that:
(1) Downtown of Corpus Christi is a unique and distinct area of the City due to
the prevalence of older, multi -story buildings constructed without setbacks from
the street ri ! is-of-ova thereb creatin a dense de elo' gent ' osin increased
I:1 LEG -DIRI Shared \GaryS\agendal2O 12- 12 \ORD- vacant downtown buildings.' .doe
Paget 16
risks from fire. The buildin often have common walls or walls that abut and
the buildin # s are affected b
the lack of maintenance of an ad'oinin
buildin • ,
2 Downtown Co
us Christi has the
otential to be a d
amic economic center
for the Ci
however ins i ro i erl
maintained vacant buildin _s and lots inhibit the
redevelopment of thpsiqwntpwnia4.,
3 Downtown buildin s that are vacant and unsecured attract va ants
an
members and criminals as
rime locations to conduct ille _al criminal activities.
Buildin s that are vacant and unsecured are extremel
on fire by unauthorized persons.
Buildin s s that are vacant and unsecured are a bli
vulnerable to bein set
and cause deterioration
and instability in downtown.
Buildin s that are vacant and unsecured • ose serious threats to the . ublic's
health and safety.
7 Abatement and rehabilitation of ' oorl maintained vacant downtown
buildings i
Page 3of16
Owner means the owner of record in the count where the real ro . ert is si
Page 4of1
purposes. The term includes boardin . an window or door o • enin ' other than ound
floor openings. -
noccufed means riot being used for a lawful occupapc authorised by the certificate of
occupant issued bT the city's building official.
Unsecured means o • en to en ' b unauthorized • ersons.
Vacant downtown buildin! means a building located i liir _ downtown area of hich
.f -one . ercent 51% or more of the floor s ' ace is unoccu . ied and has been the sub `ect
of two 2 or more documented violations of an cit ordinance
Sec. 13 -4003. Enforcement authority.
(aL_Thadministrator administers this article.
(b) The administrator the administrator's designees and other Code Enforcement
Officials are authorized to enforce the provisions of this article.
ig)__The administrator shall keep a file on all vacant buildings in the downtown area. The
file mayinclude an • ro I ert -s • ecific written statements from community organizations,
other interested . arties or citizens re • ardin the histo • roblems status or bli tin
influence of the vacant downtown building.
Sec. 13 -4004. Inspections.
(a) The administrator ma ins • ect an 'remises in the downtown area for the • • ose of
enforcin and ensurin # corn . Hance with the • r�ovi lions of this article. •
• U • on the re • nest of the administrator an owner shall . rovide access to all interior
portions of a vacant downtown bui
c
Page 5 of 16
is a vacant downtown buildin and that the followin measures need to be taken
t_ owner;
a. file a vacant downtown buildin • lan and timetable within seven (7)
days,
b. pay the registration fee required by Sec. 13-4010,
c. tale action to correct any observed code violations and
d. take immedi
Page 6 of 16
The vacant downtown buildin s lan and timetable must be submitted on forms
rovided b the administrator and include the followin
owner:
(1) A description of the premises.
(2) The names. addresses, and telephone numbers of all owners with a right
control over the property.
3 The names and addresses of all known lienholders and all other • arties with
an ownership interest inthe building.
4 The name address and telephone number of the owner's property manager
or a ent and whether the ro ' ert mana er or a # ent has the authari to
information su
lied b
the
i
c
Page 7 of 16
owner, property manager, or an agent of the owner with full authorit to maintain
and make repairs to the property on a weekly basis.
(14) Locations of the warning signs recluired by subsections 13 -4008 ' .
(15) Any reasonable related addi
Page 8 of 16
(0 For floors other than the ground floor of a downtown vacant building, if securing a
vacant downtown buildi
Page 9 of 16
2. If there is no sill or the sill does not extend be and the face of
the building thewooden structural panels must and extend at least
four 4 inches on the to bottom and on each side of the o enin
3. The wooden structural panels must be attached to the building
and window b wood screws la • bolts or carria a bolts. A washer
must be installed between the head of the screw or bolt and the
wooden structural ' anel. If carria _e bolts are used that extend into
the interior of the b 41 jng,wash rs must be used between the nut
and the interior surface.
4. Wooden screws and la bolts must be secured to the structural
framing member surrounding the opening,
5. The structural w de anels must be attached under the
following table:
TABLE INSET:
Fastener Type
Fastener Spacing
Panel s_p_g_n <= 4
4 foot < panel span —
, <= 6 foot < panel span
foot
6 foot
— 8 foot.
2 I /2"_#6 Wood
16"
12"
ii
screws
12" #8 Wood
16 ��
16
16"
l2 t
screws
6. The fasteners must be installed at o • I osin ends of the wooden
structural panels.
b. Masonry structures or structures_ with brick facades with wood
trim surroundin w do _and door opel mss;
1. If there is a sill that extends be and the face of the buildin the
bottom of the , wooden truetur l_p_ n is must be flush with the sill
and the wooden structural panels must:
A. Cover the window or door opening,
B. Be flush with the sill.
C. Either be set into or be flush with maso r r wall or
brick faad2flthe ,p and both sides of the opening.
2. If there is no sill or the sill does not extend be ond the face of
the building, the wooden structural panels must be either set into or
be flush with the maso wall or brick facade on the to s bottom
al_n each pf the windovinin
3. The wooden structural panels must be attached to the building
b wood screws la bolts or carria a bolts. A washer must be
installed between the head of the screw or bolt and the wooden
structural . anel. If carria_e bolts are used that extend into the
H:1L - D1R\Sharcd\Gary lagenda12O 1 -1 I RD- Vacant downtown buildings. 1 .d c
Page 10 of 16
interior of _th -b ilclin , washers must be used between the nut and
the interior surface.
4. Wooden screws and la bolts must be secured to the structural
framimmember surrourgi_he oirg.
5. The structural wooden panels must be attached under the
f1hpgtab1e:
TABLE INSET:
F_Ateng_r_Lyp_r e
astener S acix
Panel span <= 4
4 foot < panel span <_
<= 6 foot < panel span
foot
6 foot
<= foot
2 1/2" #6 Wood
1 rr
I2 �
rr
screws
2 1/2" #8 Wood
16 »
16"
16
1� rr
screws
6. The fasteners must be installed at opposing ends of the wooden
structural o wets.
c. Mason structures or structures with brick facades with metal
trim surrounding window and door openings:
1. If there is a sill that extends be o nd the face of the buildin the
TABLE INSET:
bottom of the wooden structural panels must be flush with the sill
and the wooden structural anels must:
A. Cover the window or door _ogcning.
B. Be flush with the sill.
C. Either be set into or be flush with masonry wall or
brick facade on the top and both sides of the opening,
2. If there is no sill or the sill does not extend beyond the face of
the buildin_ the wooden structural ' anels must be either set into or
flush with the maso
wall or brick facade on the to ' bottom and
on each side of the opening.
3. The wooden structural • anels crust be attached to the metal
trim by metal screws, lag bolts, or carriage bolts. A washer must be
installed between the head of the screw or bolt and the wooden
structural anel. If carria # e bolts are used that extend into the
interior of the building, washers must be used between the nut and
the interior surface.
4. Metal screws and lag bolts must be secured to the metal
structure wised tip frump the penin.,
5. The structural wooden • anels must be attached under the
following table:
H:ILE -DIRI hared\ ary \ag nda\20 1: -1 \ R - Vacant downtown buildings.1 .doc
Page 11 of 16
Fastener Type
Fastener Spacing
'Panel span = 4
4 foot < panel span <=
= JiJPPt < panel son
_
foot
6 foot
<= 8 foot
2 1/2" #6 wood
16"
12"
xr
Shrews
2 1/2" #8 Wood
16
16"
1 r
1�
12"
screws
�
- - - - -- --
6. The fasteners must be installed at o • ' osin } ends of the wooden
structural panels.
d. _ Masonry structures or structures with brick facades with no trim
surrounding windows.
1. A wooden frame constructed of with two -inch bV four -inch
nominal dimensional lumber must be installed around the
erirrter of the o enin .
2. The wooden frame must be secured to the maso wall or
brick facade with lag bolts and Vibration - resistant anchors having a
minimum um ultimate withdrawal ca aeit of four hundred ninet
�9Q)pQtiixls.
3. The wooden structuraipanels must be attached to the wooden
frame using wood screws.
4. The structural wooden s anels must be attached under the
followin table:
TABLE INSET:
Fastener Type
Fastener Spacing
paned s n = 4
4 foot < panel span <=
<= 6 foot < panel span
_
foot
6 foot
= 8 foot
2 1/2" ##6 wood
16 rt
1� t�
,r
screws
212" #8 Wood
�r
16"
1 1t
I� ��
screws
£__The fasteners must b_installe at opposing ends of the wooderj
trutrll!
e. The administrator may approve the use of blocks, cups, or other
special hardware items or alternate methods for installing wooden
structural panels,
8 All broken # lass and an other loose material must be removed from the
clorrig before the wooden structural panels are installed.
9 Exterior access to floor areas above the first floor such as fire esca ' es and
ladders, must be either:
H:\ LEG -DI 1 hared \Gary \a nda 2( 1 -1 \O D- Vacant downtown buildings.1.do
Page 12 of 16
a. Removed u ' to the second floor level or to a hei t of thirteen 13
feet above the ground, whichever is lesser.
b. Secured to the satisfaction of the administrator.
10 Fascia si
s overhan . n • si
s roof si
s and all other a
9
urtenances
such as sun visors or awnin s must be removed if the are in a dan # erous
condition or could create such a condition.
(11) All loose or defective material jtr rim,_ or structural elements on the exterior
of the building must be removed.
12 An condition which ma become a hazard or clan • r to the . ublic must be
corrected.
(b) The owner f an unoccupied boarded vacant downtown building shall post the
premjsc..
1 One 1 or more si s must be s osted at or near each entrance to the buildin
and fences o walls, as appropriate.
2 The si s must remain ' osted until the buildin is either lawfull occu s ied or
demolished.
The signs must contain the foliow�n information:
DO NOT ENTER
It is a misdemeanor to enter or
occup this buildin or remises or
to remove or deface this notice.
Trespassers will be prosecuted.
4 The letterin of the si u must be at least a fort -el
t-
int font t
4
•
e size.
c Due to uni
ue architectural features instead of boardin
a buildin
in the manner
s•ecied b
subsection a of this section the administrator ma
secure the vacant downtown buildin in a manner that ad
e
allow the owner to
uatel • regents unauthorized
entry or vandalism.
Sec. 13-4009. Paintin exterior s anels on boarded i1 i _ s.
When an owner of a vacant downtown buildin
boards u ' a buildin # the owner shall
a
06
1
at least two 2 coats of exterior
aint to the exterior . anels installed on all
openings, windows and doors. The coat of exterior
predominant color of the bui
Page 13 of 16
ins ' ection of each vacant downtown buildin not less than annuall b ' ersonnel from
the Buildi f cia1 and the Fire De •amen .
(b) The ins • ection shall be conducted to determine compliance with this article and all
applicable codes.
(c) The results of the inspection shall be provided to the owner of the vacant downtown
buildin and the ' erson desi i ated b the owner to make res . onse to an emer # enc or
alleged violation related to the vacant downtown building.
d The administrator ma • eriodicall reins • ect vacant downtown buildin _ s to ensure
compliance with the provisions of this article.
Sec. 13-4012. Watchman required.
If boarding the use of electronic monitoring systems, _ or the use of other methods
fails to ke - ' unauthorized . ersons from enterin # an unoccu • ied vacant downtown
building,, upon direction b
upon the premises every day continuously between the hours of 4 :00 p.m. and 8 :00 a.m.
The watchman must remain on dut dail durin • the r , + uired hours until the
the administrator # the owner shall have a watchman on dut
buildin is either le ally occupied, demolished or sold,
Sec. 13 -4013. Entry_ or interference with nofice notice prohibited.
a No ' erson ma enter or occu • an buildin that has been
•
sted under subsections
13 -4008
•
exc - . t to re • air or demolish the buildin
under • ro ' er • ermit or for a
ose
authorized by the owner, or as allowed under subsection 13-4005(b).
No
13 -4008
erson ma remove or deface an notice that has been . osted under subsections
until the r
- •
uired r
airs or demolition have been com • leted or a certificate
of occupanc as been issued b the buildin. . official.
Sec. 13 -4014. Reinspection.
(_a) If there is probable cause to believe that a code violation may be present or
occurrin s the admi
Page 14 of 1
1 The costs of • rovi i # notice to the owner and lienholder i 1u di _ time
spent researching the identity of the owner and lienholder# preparing the notices
postage, and publication costs.
2 Personnel costs involved with ins • ectin the
3 Personnel costs involved in abatin
ro
ert
the nuisance b
cit
em
10
ees.
4 Prorated costs of the use of an cit vehicles used to ins • ect the
ro
ert
5 Prorated costs of the use of an cit vehicles or
nuisance.
6 Costs of an materials or su lies . urchased or furnished b cit
- •
ui meat used to abate the
I
•
(7) An overhead charge of twenty-five (25) per cent of the total expenses
incurred for administration for each abatement action.
8 Costs of an contracted services includin the costs of materials su
lies
and labor
rovidecl by the ity contractor.
Sec. 13-4017. Continuous abatement authority.
If a vacant downtown buildin
or . remises surroundin ' the buildin .reviousl abated b
the owner or the administrator under a notice and order to abate a ain is in violation of
the same • rovision of cit code within one 1
ear of the notice and order to abate and
the administrator has not been informed in writin
b the owner of an ownershi
chan_e
the administrator ma
without further notice to the owner
roceed to abate the violation
and recover costs as ' rovided for in this article.
Sec. 13 -401. Continuous . ublic nuisances.
a A vacant downtown buildin
ma be declared a continuous ' ublic nuisance b the
administrator if the building, which was secured by the owner following a notice and
order to abate or secured by the administrator continues to be in violation of cit codes ._
on a periodic basis, and the administrator is required to either issue additional notice and
order to abate to the owner or abate the violation throu * a cit abatement action.
(b) _ The administrator may seek demolition of a vacant downtown building that is
continuous • ublic nuisance b seekin a court order or followin _ an of the
administrative abatement procedures found in this chapter, which affords the owner due
rcess, including notice and,a hearing.
sec. 13 -401. Alternative pros 4ures.
Nothin in this article ma be deemed to abolish or inn • air existin # authorit or remedies
of the city.
Sec. 13 -4020. Penalties.
(a) Anderson violating any provision of this article may be punished by a fine not to
exceed two thousand dollars $2 000.00 .
fb) Any person convicted of a subsequent violation of this article may be fined not less
than five hundred dollars 500.00 nor more than two thousand dollars 2 000.00 .
c A cut ' able mental state of recklessness is r
- •
uired for an offense under this Article.
(d) A violation of this article is a violation of a rule, ordinance, or police regulation that
• ovens fire safet or i ublic health and sanitation includin # ille * 1 um ing.
e Each da an violation of this article continues constitutes a s- • arate offense."
H:IL -DI 'Shared\ ;ary \ag nda\2 012 -1 1 R,D- Vacant downtown buildings.1.dac
Page 15 of 16
SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are
hereby expressly repealed.
SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court
of competent jurisdietion, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance, for it is the definite intent of the City Council that
every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force
and effect for its purpose.
SECTION 4. A violation of this ordinance or requirements implemented under this ordinance
constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances.
SECTION 5. That publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 6. This ordinance shall take effect upon and after publication of this ordinance.
H;1LE -DI 1 hared \Gary lag nda\20 1 -1 \ RI - Vacant downtown buildin s.i.do
Page 1of16
That the foregoing ordinance was read for the first time and passed to its second reading on this
the r.-day of
, 2008, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper f Q John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel Ca, Michael McCutchon
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this the
day of , 2008, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Rummell Michael McCutchon
Bill Kelly
•
PASSED AND APPROVED, this the day of , 2008.
ATTEST:
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED as to form: January 21, 2008
By:
j - -
F . Smith
Assistant City Attorney
For City Attorney
H:ILE r -DII \Shared\ aryS'a enda\20 \2 -1 \O D- Vacant downtown buildings.I.doc
CITY COUNCIL
AGENDA MEMORANDUM
city Council Action Date: February 12 2008
SUBJECT:
City Council adoption of a new Article of chapter 13, Code of ordinances to provide
for specific code enforcement regulations in regards to acant Downtown Buildings.
AGENDA ITEM:
ordinance enacting new Article IV of chapter 13, Code of ordinances, entitled
"Vacant Downtown Buildings ;" establishing property maintenance, security, and
monitoring provisions required for vacant downtown properties; establishing
downtown vacant building registration and inspection requirements; establishing
fees; establishing enforcement provisions; providing an effective date; providing for
penalties; providing for severance; and providing for publication.
ISSUE:
The purpose of this article is to protect the public health, safety, and welfare of the city.
The enactment of a new Article IV of chapter 13, code of Ordinances relating to the
regulation of vacant buildings is proposed to provide for enhanced and effective code
enforcement and efficient abatement of violations in relations to vacant buildings in the
Corpus Christi Downtown area.
The proposed new Article IV of chapter 13, code of Ordinances includes the
following:
• Definition of vacant buildings in downtown area
• Boundaries of Downtown area
• Responsibilities of owners of vacant downtown buildings
• Specifications for property maintenance, security and monitoring provisions
• Requirements for downtown vacant building registration and inspection and
associated fees.
• Provides for administration, enforcement, and penalties
The Corpus Christi Downtown is a unique and distinct area of the city and has the
potential to be a dynamic economic center for our community, however, improperly
maintained vacant buildings inhibit the redevelopment of the downtown area.
The prevalence of older, multi -story buildings constructed without setbacks from the
street rights -of -way create a dense development posing increased risks from fire. The
buildings often have common walls, or walls that abut, and the buildings are affected by
the lack of maintenance of an adjoining building. Downtown buildings that are vacant
and unsecured attract vagrants, gang members, and criminals as prime locations to
conduct illegal criminal activities, and are extremely vulnerable to being set on fire by
unauthorized persons.
Vacant downtown buildings that are not properly secured and maintained are a blight
and cause deterioration and instability in the downtown area and are serious threats to
the p ublic's health and safety. Therefore, the abatement and rehabilitation of poorly
maintained vacant downtown buildings is necessary.
The City of Corpus Christi researched the best practices of various cities throughout the
country studying their strategies and enforcement practices enacted to accomplish the
shared goal of Downtown revitalization. Many of these best practices included more
stringent maintenance and security provisions than those currently in effect through our
city's ordinance regulating vacant buildings. Many of the cities did have ordinances that
were specific to their downtorn business and commerce areas. And, there are cities that
require a registration fee and various related inspection service fees on an annual and
quarterly basis which include: Wilmington, Delaware; Evanston, Illinois, Sacramento,
California; and Houston, Texas. The registration and associated service fees are all
established based on the costs of monitoring, inspection, and associated administrative
services involved with the enforcement of the downtown vacant buildings. All of the cities
noted with these best p ractices claim success in their efforts requiring downtown building
owners to maintain and secure their properties. And, in some cases vacant
properly
building owners have chosen to avoid the obligations of the ordinances by selling the
p
buildings to persons who put the buildings to use, thus achieving their goal for public
health and safety and revitalization.
It was found that other cities regulate their downtown business areas through a Unified
Development code to establish use patterns, base zoning districts, overlay districts,
and special districts (urban corridor, commercial, tourist, and historic). The Cities of
San Antonio and Austin, Texas utilize these methods of regulation.
The Cit y of corpus Christi invited public input from various interested organizations during
the development phase of the proposed new Article I. Representatives from the
Neighborhood Services and Legal Departments met with the Downtown Revitalization
committee, representatives from the Downtown Merchants Association, the Heart of
Downtown, ntown, and the Downtown Management District Board to review various drafts of the
proposed Article IV and discuss its regulation provisions and administration of this
ordinance. The Downtown Management District appointed an ad hoc committee to
continue meeting with City staff during the final draft stages of the ordinance providing
feedback and suggestions from the prospective of downtown business owners.
The general consensus and response from the various downtown groups has been that the
City of Corpus Christi does need to practice more stringent and consistent enforcement in
relation to vacant buildings in the downtown area. They also agreed that there should be
specialized enforcement specific to the downtown area. Many of the business merchants
and building owners also agreed that the establishment of a registration and inspection
fees would be acceptable, justified, and a progressive effort toward downtown economic
stability and revitalization.
Their general concerns involve consistent and fair enforcement practices, realistic
abatement timeframes, the expense invoived in the continuous abatement of vandalism to
their properties, and the penalties that may be assessed and imposed at the discretion of a
Municipal Court Judge. The time, and effort provided by these groups is proven valuable
and appreciated for the development of the final version of this proposed Article IV.
ordinance Highlighted Regulations Provisions:
• The definition of a "vacant downtown building" means a building located within
the downtown area of which fifty-one percent 51 or more of the floor space is
unoccupied and has been the subject of two (2) or more documented violations of
any city ordinance.
• Downtown Area Boundaries means that area bounded by Shoreline Drive, Park
Street, Tancahua street, Highway 181, Mesquite Street, and Fitzgerald Street
(Boundanes are the same as the area designated for the A- ran a sign ordinance
enacted May 2007)
• Notice of Vacant Downtown town ui in . Upon determination that a building or
portion of a building is classified as a "vacant downtown building" the Administrator
shall: 1 Attempt to contact owner; and (2) Mail a notice of violation to owner; or (3)
May Post notice on the building; or 4 May Issue a citation or file charges to
Municipal Court, The Ordinance also provides owner an administrative hearing to
appeal the vacant building determination.
• Vacant downtown building registration and plan and timetable.
It is mandatory that the owner of a vacant downtown building shall register the
vacant downtown building and files a vacant downtown building plan and timetable
with the administrator not later than seven days after the owner receives verbal
or written notice of the determination of a vacant downtown building.
Plan Forms Provided by City for owners to Include: Description of premises;
Ownership and contact information; Time table for expected vacancy or
renovation /demolition of property; A Plan for regular maintenance and security of
building & premises; and A Plan to monitor and inspect property on weekly basis.
The Code Administrator may determine that a building is no longer a vacant
building.
• Measures the owner will employ to secure and monitor the building.
To prevent access by trespassers which include the installation and maintenance of
windows, doors shutters, grills, and bars (securing by normal means) for first floor.
Installation and maintenance of boards on windows and doors on the ground floor is
permissible for emergency repairs during that time required to order and replace the
window or door with appropriate material. The owner is required to take action to
correct any observed code violations, and take immediate measures to temporarily
secure the building from trespassers and unauthorized entry. The boarding of
windows, doors and other openings will be required for floors other than the first
floor (securing by other than normal means).
• Registration and inspection fees for vacant downtown buildings.
The owner of each vacant downtown building shall pay to the administrator an
initial vacant downtown registration fee of $1,.t an annual re-registration fee
of $1,000, and an inspection fee of $450.00 every third month during each year the
building is required to be registered, The registration fee and the re- registration fees
include the cost of an inspection. The registration and inspections fees are
transferable to a subsequent owner of the building.
• Penalties. An r person violating any provision of this article may be punished by a
fine not to exceed two thousand dollars $2,000.00. Any person convicted of a
subsequent violation of this article may be fined not less than five hundred dollars
X500.00) nor more than two thousand dollars ($2,000.00), Each day any violation
of this article continues constitutes a separate offense.
REQUIRED COUNCIL ACTION:
The approval by the City Council of a first and second reading of the proposed ordinance
is required to effectually enact the new article.
CONCLUSION AND RECOMMENDATION:
The new Article IV of Chapter 13, Code of ordinances in this final form is proposed with
the confidence that its enactment will provide for the enhanced enforcement ent and regulation
required as an action step to accomplish the goal for downtown revitalization. City Staff
recommends the approval of the code of ordinances, Chapter 13, Article IV,
Respectfully Submitted,
e Morales Haag, fir
borhood Services Department
Attachments: Proposed Article IV, Chapter 13, code of Ordinances
Presentation
BACKGROUND
• May 2005 -City Council Goal for Downtown Revitalization
The City Council established a goat for revitalization and redevelopment of the
downtown area.
• Establishment of the Downtown Revitalization Committee
With the direction of city council, the Downtown Revitalization committee was
established to prepare recommendations for strategies to initiate a viable
revitalization plan for downtown.
• November 2006 -- city Council approval of Downtown Revitalization
committee recommendations.
The recommendations proposed an effort for enhanced code enforcement to
include the following strategies that have been initiated and/or are in the process
thereof:
• January 2007 — Designation of a Code Enforcement officer strictly for the
Downtown area. The code Enforcement Officer provides concentrated
enforcement of various issues including zoningisignage, building standards, care of
premise issues, graffiti, and later. The code Officer communicates regularly with
the Downtown Management District providing the status of code issues.
• May 2007 ,.w City council approval and enactment of amendments to the city
code of ordinances to regulate - Framed signs in Downtown area. These
amendments allow and regulate the placement of - framed signs in the public right
of way for store -front advertisement.
• February 2008 — Proposed new article to Chapter 13, code of ordinances, to
provide for specific code enforcement and regulation of Vacant Downtown
Buildings.
February 12, 2008
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Page 1 of
AN ORDINANCE
ABANDONING IN AND VACATING A 24,638 46 SQUARE RE FOOT
PORTION OF THE WHATABURGER WAY PUBLIC RIGHT-OF-WAY,
LOCATED BETWEEN THE GOLLIHAR ROAD AND MILDRED DRIVE
STREET RIGHTS-OF-WAY; AY; SU JECT TO COMPLIANCE WITH THE
SPECIFIED CONDITIONS
WHEREAS, Whataburger Restaurants, L.P. is requesting the abandonment and
vacating of a 24,638.46 square foot portion of the Whataburger Way public right-of-way,
located between the Gollihar Road and Mildred Drive street rights-of-way to
accommodate the planned growth and expansion of its home base office building over
the existing public street right -of -way; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday,
February 12, 200 8, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the public right-of-way, subject to
the provisions below. (Exhibit)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That a 24,63&46 square foot portion of the Whataburger Way public right-
of-way, g
of -way, located between the Gollihar Road and Mildred Drive street rights-of-way, as
recorded in Volume 22, Page 56 of the Map Records of Nueces County, Texas, is
abandoned and vacated, subject to the conditions specified in Section 2. below.
SECTION . The abandonment and vacation of the above public right-of-way is
conditioned as follows:
1) Owner pay the fair market value of $79,955 within 30 days of adoption of the
street closure ordinance for the abandonment and vacating of the 24,638.46
square foot portion of the Whataburger Way public street right -of -way;
2) Owner must provide a Traffic Impact Analysis (TIA) report to the City Traffic
Engineering Department for review and approval;
3) Owner must provide only two driveways to Gollihar Road, two driveways to
Staples and closure of the existing driveway on Everhart Road.
4) Upon approval by Council and issuance of the ordinance, all grants of street
closures must be recorded at owner's expense in the real property Map Records
of Nueces County, Texas, in which the property is located. Prior to the approval
of building permit and construction, an up -to --date survey, abstracted for all
HALE -DIRT haredl ary la endal20o812- 121ORD- abandon -var ateROI 1 h taburgeril a .do
Page 2 of 3
easements and items of record, must be submitted to the Assistant City Manager
of Development Services.
H: \LEG -DI 1 hared\ ary \agenda1200 12 -12\O D- abandon -v c t R W-Wh t burgerl y.do
Page 3 of
That the foregoing ordinance was read for the first time and passed to its second
reading on this the 1)- day of , 200 8, by the followin g vote:
Henry Garrett --- = - Priscilla G. Leal
Melody Cooper Prc,je... John E. Marez
Larry Elizondo, Sr. _ Nelda Martinez
Mike Hummell Michael McCutchon
Bill Kelly - --
That the foregoing ordinance was read for the second time and passed finally on this
the day of , 2008, by the following vote:
ft-L.) -
Pri
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummell
Bill Kelly
Michael McCutchon
PASSED AND APPROVED, this the day of , 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: February 4, 2008
By: I ' -43
Ga 1 .: mith
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
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CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
February 12, 2008
Public hearing and first reading ordinance to consider abandoning and vacating a 24,638.46- square
foot portion of the Whataburger Way public right-of-way, located between the Gollihar Road and
Mildred Drive street rights-of-way; subject to r lian e vvith the specified conditions.
ISSUE: Whataburger Restaurants, L.P. is requesting the abandonment ent and vacation of the
Whataburger Way public street right-of-way to accommodate the planned growth and expansion of
their home base office building over the existing public street right -of -way.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any
portion of street rights -of -way. City Code requires a public hearing prior to vacating and abandoning
any street rights -of -war.
RECOMMENDATION: Staff~ recommends approval of the ordinance as presented.
Bob Nix, , AICP
ACM of Development Services
Attachments:
Exhibit - Background Information
Exhibit B Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Whataburger Restaurants, L.P., ('owner") is requesting the abandoning and vacating of the
24,638.46- square foot portion of the Whataburger W y public street right -of -way, located between
the Gollihar Road and Mildred Drive street rights -of -way. One -half of the dedicated ROW to be
abandoned and vacated is located in an "A-1" Apartment House District and the other half is located
in a "B-4" General Business District.
The said portion of public street right -of -way is being abandoned and vacated to accommodate the
planned growth and expansion of Whataburger's home base office building and the construction of
a parking lot over the street right -of -way.
A Traffic Advisory Committee meeting was held on Monday, January 28, 2008, at 2 :30 p.m., in the
City Council Chambers, to discuss the proposed street closure. The proposed street closure was
endorsed by the Traffic Advisory Committee.
All public and franchised utilities were contacted regarding this closure request. city Traffic
Engineering is requiring that a Traffic Impact Analysis (TIA) report be submitted for review and
approval. The Department of Development Service is requiring that the Owner, with the proposed
closure of the Whataburger Way street right-of-way, be allowed only two driveways to Gollihar Road,
two driveways to South Staples Street and closure of the existing driveway on Everhart Road. The
Whataburger Way public street right-of-way is not a designated collector or arterial street on the
Transportation Plan and therefore can be closed without a Transportation Plan amendment. None
of the other public and franchised utilities had any objections to the public right -of -way closure.
Staff recommends that the owner pay the fair market et value of $79,955.00 within 30 days of
adoption of the street closure ordinance for abandoning and vacating the 24,638.46-square foot
portion of the Whataburger Way public street right -of -war. The owner has been advised of and
concurs with the conditions of the right -of -way abandonment.
EXHIBIT A
1,15,2008
Prepared Sy: MSS
Department of Development Services
9
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: February 19, 2008)
c#se No. 0108-02, Ronald . Voss: A change of zoning from a "F-R Farm- Rural District to an
"I -2" Light Industrial District resulting in a change of land use designation from agricultural to light industrial
14.899 acres (Tract 1) and 2.000 acres (Tract 2) both out of Bohemian Colony Lands, Lot 7, Section 14, located
on Greenwood Drive approximately 1275 feet south of Saratoga Boulevard.
Plannin Commission & Staff's Recommendation (January , 2008 : Approval of the "I -2" Light
Industrial District on Tracts 1 and 2.
Summary:
• Request: The applicant is requesting a change of zoning from "F-R" Farm and Rural District to the
"I -2" Light Industrial District for the development of Tract 1 (14.89 acres) with undetermined light
industrial uses and on Tract 2 (2 acres) for an engineering office, a warehouse use and a home
building company.
• Zoning: The purpose of the "F-R" District is to provide for farm and rural uses after annexation of
land and functions as a "holding zone" until a less restrictive and more intensive zoning
classification is appropriate. The "F -R" District also provides for those agricultural uses which are
compatible and in harmony with a lower density residential living environment. The minimum lot
size in the "F_" District is one dwelling unit per five acres.
• The purpose of the "1 -2" Light Industrial District is to provide for light manufacturing, fabrication,
warehousing and wholesale distributing in high or low buildings with access to an arterial street or
freeway or railroad in central or outlying areas of the city. Residential uses are not allowed.
• In Article 24 of the Zoning Ordinance, the "I -2" District requires a minimum 20 front yard and no
side or rear yards unless abutting a residential district then 10 foot side and rear set back is required.
The "1 -2" district does not have a minimum lot size, lot frontage, height limitation, open space
requirement or floor area intensity factor requirement.
• Existing Land Uses: The property is currently vacant. The two tracts of land are out of a larger
undeveloped tract of land situated behind and to the east of the subject properties. The remaining
tract of land, less the 17 acres proposed for rezoning, contains 63 acres. The applicant is in the
process of purchasing the two tracts of land and has plans to building an engineering office on Tract
2 (2 acres) but has no immediate plans for development of Tract 1 (14.98 acres).
Existing uses in the area include the City Greenwood wastewater treatment plant, an outdoor
amusement facility (softball fields), and a deep injection facility for hazardous wastes. These
properties are zoned either Light Industrial or Heavy Industrial.
Agenda Memorandum
Case No. 0108-02 (Ronald A. Voss, Sr.)
Page 2
• Utilities: A 12" water line exists along the entire Greenwood Drive street frontage. An 8"
wastewater line is located approximately 750 feet north of the property in Greenwood Drive.
• Transportation: The property has access to Greenwood Drive, a rural section arterial street.
Currently, Greenwood Drive is a two lane roadway with roadside ditches. Future improvement of
Greenwood Drive is not currently in the city bond program or the three year Capital Budget
Capital Improvement Program (CIS'). However, the Future Transportation Plan does indicate that
the ultimate improvement to Greenwood Drive should include an Ad cross section with ' of
right-of-way, four through lanes and a continuous center left turn lane.
• Comprehensive Plan/ Future Land Use: The requested rezoning is not consistent with the Future
Land Use Plan as the plan recommends medium density residential uses for the site. While the long
term plan for this area includes conversion of the landfill into a regional park which would be
compatible with residential uses, the current uses near the site make residential use of the property
difficult or undesirable. Approval of the rezoning will also amend the Comprehensive Plan and
assure consistency as required by City Charter Section V Planning (see attached).
Notification: Of the six notices mailed to the surrounding property owners, zero were returned in
favor and zero were returned in opposition. The 20% rule is not invoked. This case is considered
non- controversial. State law 20% rule is invoked when property owners who own 20% of the land
within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a
three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than
a simple majority. Unless such proposed change is approved by the Planning Commission such
change shall not become effective except by a favorable vote of a majority plus one of the City
Council present and voting.
4(27z
Bob Nix, AICP
Assistant City Manager of Development Services
B F l 1p
Attachments:
1) Zoning Report
2) Planning Commission Minutes (January 9, 2008)
3) Ordinance
PIM1Project Manager
SrCP/CP
Planning Director
I :IPLN -DIRIS ARED \Beverly2OO 000108 -02 AGENDAMEMO.doc
CITY COUNCIL
ZONING REPORT
Case No.: 0108 -02
City Council Hearing Date: February 19, 2008
Applicant
Legal
Description
Applicant: Ronald A. Voss, Sr.
Owner: Fred James Nemec, Trustee
Agent: Ronald A. Voss, Sr.
Legal Description/Location: 14.899 acres (Tract 1) and 2.000 acres (Tract both out of
Bohemian Colony Lands, Lot 7, Section 14, located on Greenwood Drive approximately 1,275
feet south of Sarato : a Boulevard.
Zoning
Request
From: "F-R" Farm -Rural District
To: "1-2" Light Industrial District
Area: Tract 1. 1 4.899 acres/649,000A4 sf; Tract 2: 2.00 acres I 87,120 sf
Purpose of Request: Tract 1: To be platted into smaller tracts for light industrial uses;
Tract 2: En:ineerin: office, warehouse and home buildin: corn 'an
Existing Zoning and Land
Uses
Zoning
Existing Land Use
Future Land Use
Site
"F -R" Farm and Rural District
Vacant
Medium Density
Residential
North
"1-2" Light Industrial District
Privately owned
Softball Fields (4)
Light Industrial
South
"R-1B" One- family Dwelling
District
City's J.C. Elliott
Landfill
Public Park
East
"F-R" Farm and Rural District
Vacant
Medium Density
Residential
West
"R-1B" One - family Dwelling
District
Vacant
Public-Semi Public
ADP, Map
Violations
Area Development Plan: Westside Area Development Plan - the proposed use and zoning are
not consistent with the Future Land Use Plan. The Future Land Use Plan supports medium
density residential uses.
Map No.: 050037, 050036
Zoning Violations: None
Zoning Report
Case No. 0108-02 (Ronald A. Voss)
Page 2
Staff's Summary
• Request: The applicant is requesting a change of zoning from "F-R" " Farm and Rural
District to the "I-2" Light Industrial District for the development of Tract I (14.9 acres)
with undetermined light industrial uses and on Tract 2 (2 acres) for offices, a warehouse use
and a home building company.
• Zoning: The purpose of the "F-R" District is to provide for farm and rural uses after
annexation of land and functions as a "holding zone" until a less restrictive and more
intensive zoning classification is appropriate. The "F-R" District also provides for those
agricultural uses which are compatible and in harmony with a lower density residential
living environment. The minimum lot size in the "F-R" District is one dwelling unit per
five acres.
• The purpose of the "I-2" Light Industrial District is to provide for light manufacturing,
fabrication, warehousing and wholesale distributing in high or low buildings with access to
an arterial street or freeway r railroad in central or outlying areas of th city. Residential
uses are not allowed.
• In Article 24 of the Zoning Ordinance, the "I-2" District requires a minimum 20 front yard
and no side or rear yards unless abutting a residential district then 10 foot side and rear set
back is required. The "1-2" district does not have a minimum lot size, lot frontage, height
limitation, open space requirement or floor area intensity factor requirement.
• Existing Land Uses: The property is currently vacant. The two tracts of land are out of a
larger undeveloped tract of land situated behind and to the east of the subject properties.
The remaining tract of land, less the 17 acres proposed for rezoning, contains 63 acres. The
applicant is in the process of purchasing the two tracts of land and has plans to building an
engineering office on Tract (2 acres) but has no immediate plans for development of Tract
1 (14.98 acres).
Existing uses in the area include a wastewater treatment plant, an outdoor amusement
facility (softball fields), and a deep injection facility for hazardous wastes. Some of these
properties are zoned either Light Industrial or Heavy Industrial.
• Utilities: A 12" water line exists along the entire Greenwood Drive street frontage. An 8"
wastewater line is located approximately 750 feet north of the property in Greenwood
Drive.
Zoning Report
Case No. 0108-02 (Ronald A. Voss)
Page
• Transportation: The property has access to Greenwood Drive, an unimproved arterial
street. Currently, Greenwood Drive is two lane roadway with roadside ditches. Future
improvement of Greenwood Drive is not currently in the city bond program or the three
year Capital Budget I Capital Improvement Program (CIP). However, the Future
Transportation Plan does indicate that the ultimate improvement to Greenwood Drive
should include an A -1 cross section with 95' of right-of-way, four through lanes and a
continuous center left turn lane.
• Comprehensive Plan/ Future Land Use: The requested rezoning is not consistent with
the Future Land Use Plan as the plan recommends medium density residential uses for the
site. While the long term plan for this area includes conversion of the landfill into a regional
park which would be compatible with residential uses, the current uses near the site make
residential use of the property difficult or undesirable. Conversion of the landfill to a
regional park is unlikely to occur in the near future. Approval of the rezoning will also
amend the Comprehensive Plan and assure consistency as required by City Charter Section
V- Planning (see attached).
Street R.O.W.
Street
Type
_ Existing Paved Section
I Volume (2007)
Saratoga Boulevard
Greenwood
A -3
Primary
Arterial
A-1 Minor
Arterial
Approx. 50 feet, two lanes,
turning lanes and two 10 foot
shoulders
' 24 foot with roadside ditches
1,0 ADT
(Between
Greenwood and
Old Brownsville
Rd.)
NA
Plat
Status
The subject property is not platted.
i
Department
Comments
Given the existing uses near the property and the existing adjacent "1 -2" Zoning District,
approval of the proposed request could be considered as a logical expansion of the existing
"I_2" Zoning District.
Staff
Recommendation
Approval of the "1-2" Light Industrial District on Tracts I and 2.
Zoning Report
Case No. 0108-02 (Ronald A. Voss)
Page 4
o
131) 0 CV
0 .2 = I Approval f the "I" Light Industrial District n Tracts 1 and .
I
a
g
m
at
14)
cd
Number of Notices — 6
Favor - 0
Opposition - 0
(As of January 7, 2008)
Attachments: 1. Neighborhood — 2006 Aerial
2. Neighborhood — Existing Land Use
3. Neighborhood — Future Land Use
4. Site — 2006 Aerial
5. Site — Existing Zoning, Notice area, Ownership
6. Comments received from Public Notices mailed
7. Ownership List
8. City Charter — Article - Planning
CASE # 0108-02
7, NEIGHBORHOOD - 2006 AERIAL
Refer to Map 2 for Neighborhood
Existing Land Use. Also available
at 1, ww. t xa . om
CASE # 0108-02
2. NEIGHBORHOOD - EXISTING LAND USE
LDR
Estate Residential. - ER
Low Density Residential. • LDR
Med Density Residential. - MDR
OM High Density Residential. - DR
ME Mobile Home - MH
Vacant • VAC
Professional Office - PO
Ell Commercial - C M
m
EMI
Light industrial - Li
Heavy Industrial - Hi
Public Semi- Public - PP
no40
_ `
o?
SUBJECT
PROPERTY
ILocArI�N MAP]
f' ityr Limit?
City a
Corpus
Ch risti
CASE #
3. NEIGHBORHOOD - F
108-02
UTURE LAND USE
WEI
LDR
EZZ
Agricultural/Rural - AR
Estate Residential - ER IN
Low Density Res. - LDR
led Density Res. MDR
High Density Res. • HDR
ISE Mobile Home - MH
Vacant - VAC
Professional Office - PD = P ..
Commercial - COM
Efril
P
Ell
DC
Transportation Plan
Existing Proposed
- Arterials . --
Collectors
Expressways z==:
Parkway
1 Railroad
Tourist • TOR
Research /Business Park • RBP
Light Industrial - LI
Heavy Industrial - HI
Public Semi- Public - PP
Park
Drainage Corridor - DC
Dredge Placement - DP
Water
Conservation/Preservation - CP
SUBJECT
PROPERTY
ILOCATION MAP
ATOG
‘54, " c
Refer to Map 2 for Neighborhood
Existing Land Use. Also available
at vviivw.cctexas, corn
..City Limits
TO
EENWOOD WASTEWATER PLANT
7RACT,1
200 400
800
Feet
Prepared By: MBB
Printing Date: 1,11/2008
Deparrmenr of 0eveloprrrenr Services
CASE # 0108-02
5. SITE - EXISTING ZONING,
NOTICE AREA & OWNERSHIP
A -t.4
AT
8 -r
B -1 A
8.2
6-2A
B -3
B
B -3
8.6
B D
F -R
HC
Apartment House Disrr+Ct
Apar:rnenf House Dcsfr+ct
Apartment Hon se District
Professional Of1ce District
3par:o.enf- Tourist rs:ricl
Neighborhood Business District
Neighborhood Business Ustrict
8ayfront Business District
Bair e' fsia nd Business District
Business Distr,cr
General Business Dis7ct
Primary Business District
Primary Business Core District
Corpus Cl-frsti Beach Design: Dist
Paint + u of Dia ctr namark
ese a :Tort
Ez
1 -2
1 -3
Pf- o
R -I4
R-15
R-1C
R -2
R.
RE
R- TP
P
T"4
T;8
Limited rrrdusria1 District
1 icon Inclu3D-raf District
Heatiy l'odursrria,
Planned Unit Development
One Fantily areelling District
One Farrrty Dstelring District
One Family Di,eiririg District
Mu8Dpre Dist tr
One r= arivly Dwelling District
Resxfentrat Estate Dj.1Ct
Tom', rthout a DvreJllr:g Drslrict
Specra1 Permit
'navel Traver Park District
Manufactcu-ed Home Park Aisinct
Manufactured Home Subdivision
District
rr,bjec: - roper'j' Oi'Fr'ers
+Th 200 butter di favor
,..liens 200't.s 1
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41'
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0117
•
SUBJECT
PROPERTY
N
ziv‘,
LOCATION MAP
/City Limits
Er
City of
Corpus
Christi
COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No: 0108 -02
Name: Ronald A. Voss
Circled =FAVOR X = OPPOSED
(Note: The number(s) next to name corresponds to the attached map.)
Total number mailed: 6
Returned undeliverable: 0
I. Notices returned from within the 200 -foot notification area:
Favor: 0
Opposition: 0
II. Responses received from outside the 200 -foot notification area:
Favor: 0
Opposition: o
III. Responses received from owners /applicants of subject area:
Favor: o
Opposition:
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Attachment
City Charter — Article V
ARTICLE V. PLANNING
Sec. 1. Purpose and Intent.
The city council shall establish comprehensive planning as a continuous
governmental function in order to guide, regulate, and manage future development
and redevelopment within the corporate limits and extraterritorial jurisdiction of the
city to assure the most appropriate and beneficial use of land, water and other
natural resources, consistent with the public interest.
Sec. 2. Organization of Planning Commission.
A planning commission is hereby established which shall consist of nine registered
voters of the city. The members of the commission shall be appointed by the city
council for staggered terms of three years. The commission shall elect a chairperson
from among its membership each year at the first regular meeting in August and
shall meet not less than once each month. Any vacancy in an unexpired term shall
be filled by the city council for the remainder of the term.
Sec. 3. Power and Duties of Planning Commission.
(a) The planning commission shall: (1) Reviews and make recommendations to the
city council regarding the adoption and implementation of a comprehensive plan,
any element or portion thereof, and any amendments nts thereto; Review and make
recommendations to the city council on all proposals to adopt or amend land
development regulations for the purpose of establishing consistency with the
comprehensive plan; Monitor and oversee the effectiveness of the
comprehensive plan, review and make rcommendations to the council on any
amendments to the plan, and forward to the council comprehensive updates to the
plan at least once every five years; Review and make recommendations to the
city council regarding zoning or zoning changes in a manner to insure the
consistency of any such zoning or changes in zoning with the adopted
comprehensive plan; Exercise control over platting and subdividing land within
the corporate limits and the extraterritorial jurisdiction of the city in a manner to
insure the consistency of any such plans with the adopted comprehensive plan; and
Review and make recommendations to the city council on the city's annual
budget and any capital imprvemnt bond program.
(b) The departments of the city government shall cooperate with the planning
commission in furnishing it such information as is necessary in relation to its work.
The commission shall be responsible to and act as an advisory body to the
council and such additinal duties and exercise such, additional powers as may be
prescribed by ordinance of the council.
Sec. 4. The Comprehensive Plan.
The city council shall adopt by ordinance a comprehensive plan, which shall
constitute the master and general plan of the city. The comprehensive plan shall
contain the city's policies for growth, development and aesthetics for the land within
the corporate limits and the extraterritorial jurisdiction of the city, or for portions
thereof, including neighborhood, community and, area -wide plans. The
comprehensive plan shall include the following elements: (1) A future land -use
element; An annexation element; A transportation element; An economic
development, element; A public services and facilities element, which shall
include a capital improvement program; A conservation and environmental
resources element; and (7) Any other element the city council may deem necessary
or desirable in order to further the above objectives.
Each element of the comprehensive plan shall include policies for its implementation
and shall be implemented, i n part, by the adoption and enforcement of appropriate
land development regulations and other ordinances, policies and programs.
After at least one public hearing, the planning commission shall forward the
proposed comprehensive plan, or element or portion thereof, to the city manager,
who shall submit such plan, or element or portion thereof, to the city council with
his or her recommendations. The city council may adopt, or adopt with changes or
amendments, the proposed comprehensive plan, or element or portion thereof, after
at least one public hearing. The city council shall act on the plan, or element or
portion thereof, within sixty days following its submission by the city manager. If
the plan should be rejected by the council, it shall, with policy directions to the
commission, return the plan to the planning commission which may reconsider the
plan and forward it to the city manager for submission to the council in the same
manner as originally provided. All amendments to the comprehensive plan
recommended by the planning commission shall be forwarded to the city manager
and shall be subject to review and adoption in the same manner as for the original
adoption of the comprehensive plan as set forth in this section.
Sec. S. Legal Effect of Comprehensive Plan.
All city improvements, ordinances and regulations, shall be consistent with the
comprehensive plan. In the case of a proposed deviation to the adopted plan, or any
element or portion thereof, the planning commission shall communicate its
recommendations to the council which may approve or disapprove such deviation.
Sec. 6. Platting Property.
The city shall not pay for the property used for streets and alleys within any
subdivision, but the same shall, when platted, be dedicated to such use and shall
become the property of the city and shall be maintained as such. The city shall not
grant any permit to construct or enlarge any house or structure within the city until
a plat shall be approved and filed.
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday — January 9, 2008
5 :30 P.M.
COMMISSIONERS:
R. Bryan Stone, Chairman
Rudy Garza, Vice Chairman
A. Javier Huerta
James Skrobarczyk
John C. Tamez
Johnny Martinez
Eon Ji Kelly
Govind Nadkarni
David Loeb
ABSENCES:
NONE
STAFF:
Bob Nix, AICP, Assistant City Manager /Development
Services
Johnny Perales, PE, Deputy Director/Development
Services /Special Services
Robert Payne, AICP, Senior City Planner
Miguel S. Sal aria, AICP, Senior City Planner
Mi
Planning Commission Minutes
January 9, 2008
Page 2
Mr. Payne stated that while the long term plan for this area includes conversion of the landfill into
a regional park which would be compatible with residential uses, the current uses near the site make
residential use of the property difficult or undesirable. Conversion of the landfill to a regional park is
unlikely to occur in the near future. Mr. Payne stated that approval of the rezoning will also amend the
Comprehensive Plan and assure consistency as required by City Charter.
Public hearing was opened.
Mr. Ronny Voss, applicant, came forward stating he was availing himself to any questions the
Commissioners or public might have.
Public hearing was closed.
Motion to approve the request was made by Vice - Chairman Garza and seconded by
Commissioner Skrobarczyk.
Commissioner Nadkarni and Commissioner Loeb stated that staff needs to be directed to make
the change to the land use plan.
Motion passed unanimously.
f;1PL.3 -1 I1 1SHAR MBEVE LY\20 1 1 - 2MINUTE .DO
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY RONALD A. Voss, BY CHANGING THE ZONING MAP IN
REFERENCE ENCE To 14.899 ACRES (TRACT 1) AND 2.000 ACRES
(TRACT 2) OUT OF LOT 7, SECTION 14, BOHEMIAN COLONY
LANDS, FROM "F-R" FARM-RURAL UI AL DISTRICT TO "1-2" LIGHT
INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN
TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE E PLAN; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Ronald A. Voss, for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
January 9, 2008, during a meeting of the Planning Commission, and on Tuesday,
February 19, 2008, during a meeting of the City Council, in the Council Chambers, at
City Half, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, E, E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 14.899 acres (Tract 1) and 2.099 acres (Tract 2)
out of Lot 7, Section 14, Bohemian Colony Lands, located on Greenwood Drive
approximately 1275 feet south of Saratoga Boulevard, from "F--R' Farm -Rural District to
"1_2" Light Industrial District. (Zoning Map 050036 and 050037) (Exhibit)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION . That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
H:1 LEG -DIF \shared\ ary lagenda12008\2 -19\ RD- zoningOl 0 - 2- Vess.do
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repeated.
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this 19th day of February, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
Henry Garrett
City Secretary Mayor, City of Corpus Christi
APPROVED: February 8, 2008
C
G r 1l . Smith
Assistant City Attorney
For City Attorney
HALEG-DIR\Shared‘GarySkagenda‘2008\.2-19kORD-zoning0108-02-Voss.doc
Page 3 of 3
Corpus Christi, Texas
day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Fespetfu l ly,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett - - --
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla C. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
HALEG-DIR\Shared\GaryS‘agenda‘2008‘2-19‘ORD-zoning0108-02-Voss.doc
711010-1.
STATE OF TEXAS JOB 1.07 -0435
COUNTY F NIECES 14.899 ACRES
ALL that certain tract or parcel of land situated in Nueces County, Texas, same
lying within the Corporate City Limits of Corpus Christi, Texas, same being a
portion of Lot 7, Section 14 of the Bohemian Colony Lands as recorded in Volume
A, Page 48 of the Map Records of Nueces County, Texas, and being more
particularly described by metes and bounds as follows, to -wit:
COMMENCING at a PK nail found for the North corner of said Lot 7, same being
the West corner of Lot 8 of said Section 14, same lying in the centerline of
Greenwood Drive;
THENCE, along the common boundary line of said Lots 7 and 8, Section 14,
SOUTH 61 degrees 30 minutes 00 seconds EAST 40.00 feet to a 5/8 inch iron rod
found for the North corner of this tract and the place of beginning, same being the
West corner of Lot 1, Block 1, Saratoga Park as recorded in Volume 50, Page 8 of
the Map Records of Nueces County, Texas;
THENCE, along the Northeast boundary line of said Lot 7, Section 14 and being
common with the Southwest boundary line of said Lot 1, Block 1, SOUTH 1
degrees 30 minutes 00 seconds EAST 653.40 feet to a 5/8 inch iron rod set for the
East corner of this tract;
THENCE, SOUTH 29 degrees 00 minutes 00 seconds WEST 860.00 feet to a 5/8
inch iron rod set for the Southeast corner of this tract;
THENCE, NORTH 61 degrees 30 minutes 00 seconds WEST 217.80 feet to a 5/8
inch iron rod set for an interior corner of this tract;
THENCE, SOUTH 9 degrees 00 minutes 00 seconds WEST 200.00 feet to a 5/8
inch iron rod set for the Southwest corner of this tract;
THENCE, NORTH 61 degrees 30 minutes 00 seconds WEST 435.60 feet to a 5/8
inch iron rod set for the West corner of this tract;
THENCE, NORTH 29 degrees 00 minutes 00 seconds EAST 1060.00 feet to the
place of beginning and containing 14.899 acres of land.
I hereby certify that this survey as reflected in the above Field Notes and attached
plat conforms to the current Texas Surveyors Association Standards and
Specifications for a Category IA, Condition II Land Survey.
Dated this the _ day of , 2007.
SEAL:
Ronald A. Voss, Registered Professional Land Surveyor NO. 2293
Registered Professional Land Surveyor No.2293
ese C(Og o�
70 Cie 42,
STATE OF TEXAS JOB NO. 07-0435
COUNTY OF NUECES 2.000 ACRES
ALL that certain tract or parcel of land situated in Nueces County, Texas, same
Lying within the Corporate City Limits of Corpus Christi, Texas, same being a
portion of Lot 7, Section 14 of the Bohemian Colony Lands as recorded i
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V. A. P. 48. (MF4NCT)
8 V. 1955. P. 994. (ORN T,
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10
AGENDA MEMORANDUM
PUBLIC HEARING -- ZONING (City Council Action Date: February 19, 2008)
Case No. 1207-01, Scott Electric Co, Inc.: A change of zoning from a "R-1B" One Family Dwelling
District to an "I -" Light Industrial District resulting in a change of land use from residential to light
industrial on property described as Shoreline Park Addition, Lots 9 through 11, Block 8, located on
Dempsey Street, approximately 100 feet west of N. Port Ave.
Plannin Commission & Staff's Recommendation Janus 9 2008 : Denial of an "I-2" Light
Industrial District, and in lieu thereof, a Special Permit to allow for the construction and operation of
an outdoor vehicle storage yard subject to a site plan and the following six (6) conditions:
1.) Uses: The uses permitted by the Special Permit other than those uses permitted by right in the
"B-4" General Business District is the outdoor storage of company and/or employee vehicles
only.
2.) Landscape Strip: A ten (10) foot wide visual landscape strip shall be installed and maintained
running parallel to, in front of, and the distance of the required six (6) standard screening
fence.
3.) Screenin Fence: A six (6) foot standard screening fence shall be installed and maintained to
provide a visual barrier between the vehicular storage yard and surrounding neighborhood.
4.) iEhtin: All security lighting must be shielded and directed away from adjacent residences
and nearby streets. Cutoff shields required for all lighting. No light projection permitted
beyond the property line near all public roadways and residential development.
5.) Hours of Operation: The hours of operation for the storage yard shall be limited to 6:00 AM
through 9 :00 PM Monday through Friday.
6.) Time Limit: Such Special Permit shall be deemed to have expired within twelve 12 months
from the date of this ordinance, unless the property is being used in Condition #1 and in
compliance with all other conditions.
III!OUn1 :
• On December 28, 2007, a meeting was held at Scott Electric to discuss the proposed vehicle storage
yard. In attendance were representatives of the Hillcrest Neighborhood Interest Group (Mr. Henry
Williams, Chair), Scott Electric and staff from the Development Services Office. As a result of that
meeting six (6) conditions and the proposed site plan were agreed upon and as a recommendation to
the Planning Commission. At the public hearing of the Planning Commission, some residents of the
Hillcrest Area stated they were not in agreement with the deci
Agenda Memorandum
Case No. 1207-01 (Scott Electric Company)
Page 2
• Zoning: The purpose of the "I -2" Light- Industrial zoning district is to provide for a wide variety of
mixed light industrial uses including but not limited to light manufacturing, open storage, fabrication,
warehousing, and wholesale distributing in low buildings with off- street loading and off-street
parking for employees. The district requires a twenty (20) foot front yard setback with zero (0) side
and rear yard setbacks when utilizing fire rated and building approved wall construction. The "I -"
District does not have a minimum lot area and is unlimited as to height.
• The requested "I -2" Light Industrial District Article 20, Section 20-2.04 i ii allows for the
outside storage of equipment however all outside storage must be screened at grade from the public
right-of-way and may not occupy the minimum required building setbacks.
• Article 27B Landscape Requirements, Section 278-9.01 states that all vehicular use areas within any
street yard shall be visually screened from the street right-of-way by a minimum imum f five foot
width landscaped area. Article 27 Supplemental, Height, Area & Bulk Requirements, Section 27-
3.01. states that a fence is required where a business or industrial use is established on a lot which
is adjacent to a lot occupied by a dwelling located in the: "FR", "RE", "RA", "R-1A", "R-lb", " R-
i c, ", "R-2", "A- I ", "A-IA" or "A -2" zoning district, then the owner shall construct a standard six (6)
foot in height, solid screening fence from the natural grade. The fence shall constitute a visual
obstruction able to withstand thirty (30) foot pounds per square foot of wind loading from any
direction.
• Existing Land Use: The site has recently been cleared of several structures with the remaining to be
removed in the future to allow for the construction of an improved parking lot surface, fence and
landscape area.
• Utilities: The area is served by water, waste water and gas.
• Transportation: Direct access to the subject property is from Dempsey Street but will not be
allowed should the subject property be rezoned since access is available along John Street. John
Street parallels Dempsey Street north and is the primary access for other property adjacent to the
subject site.
• Comprehensive Plan Future land Use: The comprehensive plan recommends low density
residential for the subject property. City Charter requires rezoning to be consistent with the
Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will
amend the Comprehensive Plan.
H:IPLN- DIRISHAREDIBeverl \2007 ID c' 711207 -01 A ENDAMEMD.doc
Agenda Memorandum
Case No. 1207 -01 (Scott Electric Company)
Page
Notification: Forty -nine notices were mailed to the surrounding property owners within the notification
area, and an additional one hundred thirty -three notices were sent to residents outside the notification area,
totaling 182 notices, Of these within the notice area, were returned in favor and zero were returned
in opposition. Ninety -one (91) were returned in opposition outside the 200 -foot notification area. The 20%
rule is not invoked. This case is considered controversial due to the concern of some residents
residing outside of the 200 foot notification area. State law 20% rule is invoked when property
owners who own 20% of the land within the 200 foot radius of the subject property are opposed.
Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of
zoning to be approved, rather than a simple majority. Unless such proposed change is approved by
the Planning Commission such change shall not become effective except by a favorable vote of a
majority plus one of the City Council present and voting.
Bob Nix, AICP
Assistant City Manager of Development Services
BN/FGIvliblp
Attachments:
1) Zoning Report
2) Planning Commission Minutes (January 9, 2008)
3) Ordinance
PIM/Project Manager
SrCP/CP
Planning Director
Wel
H:1PLN -1 I \ HA D\BeverIy12007 \Dec107I1 07 -01 AGENDAMEMO.doe
COUNCIL
20NING REPORT
Case No.: 1207-01
City Council Hearing Date: February 19, 2008
Zik 5t
Ck
s
Applicant: Scott Electric
Owner: Mike Hope
Agent: Mike lei ley
Legal Description/Location: Shoreline Park, Block 8, Lots 9, 10, and 11, located along the
north side of Dempsey St, approximately 105 feet west of North Port Avenue.
From: "R-1B" One Family Dwelling District
To: "I -" Light Industrial District
Area: .459 Acre
Purpose of Request: To allow for the construction and operation of an outside equipment
storage yard with a landscape screening bufer and foot solid visual screening fence.
Pct
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. -
C I T Y Alt
Area Development Plan: Westside ADP and Future Land Use Plan recommend the continued
use of the area as low density residential neighborhood; therefore this request is not consistent
with the adopted plans.
Map No.: 046045
Zoning Violations: None
Zoning
Existing Land Use
Future Land Use
Si te
"R-1B" One-Family Dwelling
District
Low Density Residential
& Vacant
Low Density Residential
North
"I_" Light Industrial District
Light Industrial
Light Industrial
South
"R-1B" One #Family Dwelling
District
Low Density Residential
Low Density Residential
East
"1-2" Light Industrial District
Li ht Industrial - - --
Light Industrial - --
Wes
"R-1B" One - family Dwelling
District
Low Density Residential
Low Density Residential
C I T Y Alt
Area Development Plan: Westside ADP and Future Land Use Plan recommend the continued
use of the area as low density residential neighborhood; therefore this request is not consistent
with the adopted plans.
Map No.: 046045
Zoning Violations: None
Zoning Report
Case No. 1207 -01 (Scott Electric)
Page 2
Staff's Summary
• Request: The applicant is requesting a change of zoning from "R-1B" One Family Dwelling
District to an "I -2" Light-industrial District to construct and operate an outside equipment
storage yard.
Proposed Use: The construction and operation of the equipment storage yard will aid in the
daily operations of the adjacent electrical service business. The proposed equipment yard in
tandem with a proposed future warehouse located on existing company property to the north
will allow for the secured storage of equipment and supplies. The three lots which comprise
the proposed site considered for rezoning and much of the surrounding property is owned by
the applicant, Scott Electric Inc.
• Zoning: The purpose of the "1-2" Light-industrial zoning district is to provide for a wide
variety of mixed light industrial uses including but not limited to light manufacturing, open
storage, fabrication, warehousing, and wholesale distributing in low buildings with off - street
loading and off- street parking for employees. The district requires a twenty foot front
yard setback with zero side and rear yard setbacks when utilizing fire rated and building
approved wall construction. The "1-2" District does not have a minimum lot area and is
unlimited as to height.
The requested "1-2" Light Industrial District Article 20, Section 20-2.04 i & ii allows for
the outside storage of equipment however all outside storage must be screened at grade from
the public right - of-way and may not occupy the minimum required building setbacks.
Article 27B Landscape Requirements, Section B -9.01 states that all vehicular use areas
within any street yard shall be visually screened from the street right-of-way by a minimum of
five foot width landscaped area.
Article 27 Supplemental, Height, Area & Bulk Requirements, Section 27-3.01.06 states that a
fence is required where a business or industrial use is established on a lot which is adjacent to
a lot occupied by a dwelling located in the: "FR", "RE", "RA", "R-IA", "R-lb", " - I C ",
"R-2", "A- I ", "A-1A" or "A -2" zoning district, then the owner shall construct a standard six
foot in height, solid screening fence from the natural grade. The fence shall constitute a
visual obstruction able to withstand thirty foot pounds per square foot of wind loading
from any direction.
Existing Land Use: The site has recently been cleared of several structures with the remaining
to be removed in the future to allow for the construction of an improved parking lot surface,
fence and landscape area.
Utilities: The area is served by water, waste water and gas.
• Transportation: Direct access to the subject property is from Dempsey Street but will not be
allowed should the subject property be rezoned since access is available along John Street.
John Street parallels Dempsey Street north and is the primary access for other property
adjacent to the subject site.
• Comprehensive Plan /Future land Use: The comprehensive plan recommends low density
residential for the subject property. City Charter requires rezoning to be consistent with the
Comprehensive Plan (see attached City Charter Section V-Planning.) Approval of the
rezoning will amend the Comprehensive Plan.
Zoning Report
Case No. 1207 -01 (Scott Electric)
Page 3
wegh•
Street
Type
Paved Section
North Port Avenue
A -2 Arteria
100 feet of ROW (existing 50 feet
back to back pavement width)
Volume (2001)
5,050 a.d.t.
(at the intersection
of 1H-37)
Dempsey Street
Local
Residential
50 feet of ROW (existing 28 feet
back to back pavement width)
NA
irt
sr,
The subject property is platted.
E
E
Q
A
A change of zoning to the "I -2" District for the subject property would be inconsistent with
the Westside Area Development Plan and Future Land Use Plan which recommend
maintaining the low density residential use in the proposed area.
Should an "I -2" District be approved or Special Permit granted the proposed equipment yard
will be screened from the adjacent residential property and Dempsey Street right -of -way with
the installation of a standard solid screening fence and five foot wide landscape strip, per
the applicant.
On December 28, 2007, a meeting was held at Scott Electric to discuss the proposed vehicle
storage yard. In attendance were representatives of the Hilicrest Neighborhood Interest Group
(Mr. Henry Williams, Chair), Scott Electric and staff from the Development Services Office.
As a result of that meeting six conditions and the proposed site plan were agreed upon and
as a recommendation to the Planning Commission. At the public hearing of the Planning
Commission, some residents of the Hilicrest Area stated they were not in agreement with the
decision of the Neighborhood Interest Group to allow the proposed use with or without the
site conditions. Such residents requested the subject property remain residential.
Recommendation
ZIA
Denial of an "I -2" Light Industrial District and in lieu thereof, a Special Permit to allow for the
construction and operation of an outdoor vehicle storage yard subject to a site plan and the
following six conditions.
1.) The uses permitted by the Special Permit other than those uses permitted by right in
the -" General Business District is the outdoor storage of company and/or employee
vehicles only.
2.) 1.An4c4p Strip: A ten (10) foot wide visual landscape strip shall be installed and
maintained running parallel to, in front of, and the distance of the required six standard
screening fence.
3.) Screenin Fence: A six foot standard screening fence shall be installed and maintained
to provide a visual barrier between the vehicular storage yard and surrounding neighborhood.
Zoning Report
Case No. 1207-01 (Scott Electric)
Page 4
Recommendation
4.) in Ligh : All security lighting must be shielded and directed away from adjacent
residences and nearby streets. Cutoff shields required for all lighting. No light projection
permitted beyond the property line near all public roadways and residential development.
5.) ion: The hours of operation for the storage yard shall be limited to
6 :00 AM through 9 :00 PM Monday through Friday.
6.) Time Limit: : Such Special Permit shall be deemed to have expired within twelve (12)
months from the date of this ordinance, unless the property is being used in Condition #1
and in compliance with all other conditions.
0
to cis
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Approval of Staff Recommendation.
zr,
ce
Number of Notices Mailed — 49 Inside Notification Area
Number of Notices Mailed — 133 Outside Notification Area
Total Notices Mailed- 182
Favor Inside Notification Area: - o
Opposition Inside Notification Area - o
Favor Outside of Notice Area —
Opposed Outside of Notice Area - 91
(As of January 29, 2008)
Attachments: I. Neighborhood — 2006 Aerial
2. Neighborhood — Existing Land Use
3. Neighborhood — Future Land Use
4. Site — 2006 Aerial
5. Site — Existing Zoning, Notice area, Ownership
6. Comments received from Public Notices mailed
7. Ownership List
8. Site Plan
9. City Charter -- Article V- Planning
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CASE # 1207-01
1. NEIGHBORHOOD - 2006 AERIAL
%I
Subject
Property
Refer to Map 2 for Neighborhood
Existing Land Use. Also available
at www.cctexas.corn
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CASE # 1207 -01
3. NEIGHBORHOOD - FUTURE LAND USE
MEI
P
Agricultural/Rural -
Estate Residential ER
Low Density Res. LDR
Meci Density Res. - MDR
High Density Res, - HOP
Mobile Home - MCI
Vacant - VAC
Professional Office - P
Commercial - COM
Transportation Plan
Existing Proposed
Arterials - --
-- .� Collectors �,�
Expressways,�� =r
Parkway
44+4+ Railroad
Tourist - TOR
ME Research/Business Park - RBP
Light Industrial Li
Heavy Industrial - F11
gliffl Public Semi- Public - PP
Park
Drainage Corridor - DC
Dredge Placement - DP
r-i Water
P Conservation/Preservation - CP
El
1LQ4TIOI MAP
II
r�r
City of
Carpus
Christi
SUBJECT
PROPERTY
CASE#1207-01
5. SITE - EXISTING ZONING,
NOTICE AREA & OWNERSHIP
.A -1 . par ment House District 1-1 Limited trrdustrrat DrszTrct
r -1A Apaernertt Horse District 1 -2 Licht 1nc1 sprat D,strrct
A -2 Apartment Horse Usher 1 -3 Hea y 1r►dustrrat cisrrer
AS Professior:at Office Drsrrrcx RUC) Ptar ned UM! Develtopmera
AT Apar`rnent•Tounrst rs:rrct R -r4 One Famrly Dk'rel#uag Dsh+Ct
8 -1 Nerghborhorld &rrsir:e,ss Dier rct R -t$ One Far:i +ly Dk'reJ+trrg +Sure!'
8.1.E NeighborP-rood 8Usrreas asIncr R -IC One Far m& CX,eihng +Orsdrrc!
8 -2 8ayiront 8usmess District ? -^ Muttrple k'. *tkng Df, tact
8 -2A 8afrrer tSrarid Business astrct FM One Family Dk;elling +Orstrrcr
8 -3 8usrness District RE es en Mal Estate Drs:rrct
8.4 General 8,P•iness Drs ct R -714 Tovm!:ou,se Dv..eolrgg District
8 -5 Primary 8rr;rnesa D+sricr Sc Spec +at Pe- or
8 -6 Prr+vary 8usrnew3 Core Drsrct : A Tna{aet Trailer Park Disrncr
8D Co.pus Christi Beach Desrgr: Div t : a Man;:tacrured Horse Park Q+arrrct
F -IR Farm R +rat D+str:ct T : C Mar?urachrred dome St.bdiws+on
HC H:stor ai Cvitt ral Larxrrriari Drstr+.;t
Pre se+ va `ion
S! Abject Proper'; '
t.' +tf' 200" buffer
4 ' k;r7r s t,rrtt�r� 2 'i:sred •1
anched c+t ersrrrp Tab e
017. r ;ers
on favor
1 Iv
OF El
City of
Corpus
Christi
COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No: 1207 -Q1
Name: Scott Electric Co.
Circled = FAVOR X = OPPOSED
(Note: The number(s) next to name corresponds to the attached map.)
Total number mailed: 91 + 91 Additional = 182
Returned undeliverable: 7 + 6
As of 2/1/08
I. Notices returned from within the 200 -foot notification area:
Favor: 0
Opposition: 0
II. Responses received from outside the 200 -foot notification area:
Favor: 0
Opposition: �.
Betty Thomas, 2116 Stillman Ave., "This should not be done because
this should not be in the neighborhood. Litght industrial should not be
for neighborhood, once it is approved this could cause taxes to be raised
and once it is approved for rezone this would give way for many light
industrial businesses to build. This would box the neighborhood in.
Refineries on Broadway and Nueces Bay; and light industrial on N. Port
Avenue."
III. Responses received from owners /applicants of subject area:
Favor: 0
Opposition: 0
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Hilicresl Residents
Case 1201 -07
FID_Clip TAXID NAME ADDRESS ADDRESS CITY STATE ZJP LEGAL F_AREA % CASE NO
114108 Additional notices sent (HiIIcrest residents, 3 pages):
Stepane : 1205 Stillman Corpus Ch TX 76407
Dorothy Si 2010 Stillman Corpus Ch TX 78407
Horace Sn 1414 Palm Corpus Ch TX 78407
Evelyn Sal 1402 Van Loan Corpus Ch TX 78407
James She 1809 Stillman Carpus Ch TX 78407
Sylvia Spa 1501 Van Loan Corpus Ch TX 78 407
April Stewi 1418 Palm Corpus Ch TX 78407
Roy Tiptor 2809 Minton Corpus Ch TX 78407
Ruth Tryor 1321 Van Loan Corpus Ch TX 78407
Ada Thom 2409 John Corpus Ch TX 78407
Vincent To 28198 Hulbirt Corpus Ch TX 78407
Rose Tayki 1705 Palm Corpus Ch TX 78407
Betty Thon 2118 Stillman Corpus Ch TX 78407
Tamara TE 1714 Peabody Corpus Ch TX 76407
Priscilla Tr 1803 Peabody Corpus Ch TX 76407
Ruben Wa 2823 Hulbirt Corpus Ch TX 78407
Emma Willa 1711 Peabody Corpus Ch TX 79407
Maurice W 1201 Van Loan Corpus Ch TX 78407
John Wiml 2420 Dempsey Corpus Ch TX 78407
Geraldine • 1223 Van Loan Corpus Ch TX 78407
Jesse Willi 1307 Van Loan Corpus Ch TX 78407
Billy Wrigh 1924 Stillman Corpus Ch TX 78407
Francis Wi 1408 Stillman Corpus Ch TX 78407
Alberta Ya 1502 Van Loan Corpus Ch TX 78407
Lillian You 1921 Van Loan Corpus Ch TX 78407
Noel Youn 2418 Winnebago Corpus Ch TX 78407
Yvonne Yc 1419 Peabody Corpus Ch TX 78407
Jean Salor 2821 Nueces Street Corpus Ch TX 78407
Kelley Arta 3416 Crestlake Corpus Ch TX 76407 1207 -01
Amulfo Re 1207 Palm Corpus Ch TX 76407 1207 -01
Romaldo A 945 Lexington Corpus Ch TX 78407 1207 -01
Jesse Alva 2012 Palm Corpus Ch TX 76407 1207 -01
Jewel Allen 1701 Palm Corpus Ch TX 78407 1207 -01
Julian Agu 1914 Palm Corpus Ch TX 78407 1207 -01
Alfred Bra( 1521 Van Loan Corpus Ch TX 78407 1207 -01
Rev. Hero! 1801 Stillman Corpus Ch TX 78407 1207 -01
Rev. Lloyd 1804 Palm Corpus CI, TX 78407 1207 -01
James Bbl 2205 Kennedy Corpus Ch TX 78407 1207 -01
Ruby Ben' 1408 Van Loan Corpus Ch TX 78407 1207 -01
Filiberto Eli 1408 Palm Corpus Ch TX 78407 1207 -01
Lucille Be # 2006 Palm Corpus Ch TX 78407 1207 -01
Shirley Be; 2127 Stillman Corpus Ch TX 78407 1207 -01
Bertha Bar 2511 Koepke Corpus Ch TX 78407 1207 -01
John Clay 2814 John Corpus Ch TX 78407 1207 -01
Raymond i 1819 Stillman Corpus Ch TX 76407 1207 -01
Sterlin Cor 1400 Peabody Corpus Ch TX 76407 1207 -01
Mae K. Du 1518 Palm Corpus Ch TX 78407 1207 -01
Lucille Dar 2817 Moore Carpus Ch TX 78407 1207 -01
John Evan 2821 John Corpus Ch TX 78407 1207-01
Rose Eato 2714 Kennedy Corpus Ch TX 76407 1207 -01
Charlie Ed 2015 Stillman Corpus Ch TX 78407 1207 -01
Joe Flores 2002 Palm Corpus Ch TX 78407 1207 -01
Enrique Fl. 2820 Minton Corpus Ch TX 76407 1207 -01
Marie Falo 2818 Koepke Corpus Ch TX 76407 1207-01
Lupe Garz 1909 Van Loan Corpus Ch TX 78407 1207 -01
Juanita He 1821 Peabody Corpus Ch TX 78407 1207 -01
Lovls Lee 2608 John Corpus Ch TX 78407 1207 -01
Willie Hill 28121fiulbirt Corpus Ch TX 78407 1207 -01
Deborah H 921 Erwin Corpus Ch TX 78407 1207 -01
Wilbert Ha 1213 Stillman Corpus Ch TX 78407 1207 -01
C.R. Hicks 1623 Lexington Corpus Ch TX 78407 1207 -01
Willie Jack 1401 Spillman Corpus Ch TX 78407 1207 -01
Gwendolyr 1702 Palm Corpus Ch TX 78407 1207 -01
Shirley Jot 1700 Peabody Corpus Ch TX 78407 1207 -01
C. Jeffersc 1808 Palm Corpus Ch TX 78407 1207 -01
Victoria Ja 2813 Minton Corpus Ch TX 76407 1207 -01
Renior Knc 1910 Stillman Corpus Ch TX 78407 1207 -01
Leo Lewis 1521 Peabody Corpus Ch TX 78407 1207 -01
Sylvester IL 1422 Kennedy Corpus Ch TX 79407 1207 -01
Juan Lope 1619 Van Loan Corpus Ch TX 78407 1207 -01
Robert Lib 2813 Koepke Corpus Ch TX 78407 1207 -01
Herbert Mi 1601 Palm Corpus Ch TX 78407 1207 -01
Mrs. C. Mc 1519 Peabody Corpus Ch TX 78407 1207 -01
L.J_ Mump 2011 Palm Corpus Ch TX 78407 1207 -01
Jose Munp~ 2827 Dempsey Corpus Ch TX 78407 1207 -01
La Daniel 1 1721 Peabody Corpus Ch TX 78407 1207 -01
Juan Marti 172.2 Stillman Corpus Ch TX 78407 1207 -01
La Gotha P 2515 Hulbirt Corpus Ch TX 78407 1207 -01
Seth Neal 1508 Stillman Corpus Ch TX 78407 1207 -01
0. Nichola 1202 Van Loan Corpus Ch TX 78407 1207 -01
Aggie Odo 2821 Dempsey Corpus Ch TX 78407 1207 -01
Guadalupe 1502 Palm Corpus Ch TX 78407 1207 -01
Eva Politte 1213 Stillman Corpus Ch TX 78407 1207 -01
James Pet 2921 Minton Corpus Ch TX 78407 1207 -01
Francisco 2814 Koepke Corpus Ch TX 78407 1207 -01
Carmen Q 1411 Van Loan Corpus Ch TX 78407 1207 -01
Antonio Ri. 1911 Stillman Corpus Ch TX 78407 1207 -01
Arrailfo Re 1207 Palm Corpus Ch TX 78407 1207-01
Donald Sh 4213 0' Day Corpus Ch TX 78407 1207-01
Eldridge S 1302 Palm Corpus Ch TX 78407 1207 -01
Hector Sal 1410 Van Loan Corpus Ch TX 78407 1207 -01
0)
0)
Vehicular
Aita c meot
LEXIN GTON
Lot 12 -
Vacant Lot
Not Owned by Scott Electric
Lot 1 - "R-18"
Multi-Family Dwelling
Not owned by Scott Electric
PORT
•
OLD OFFICE
BUILDING
ri cm 9 -
Attachment
City Charter — Article V
ARTICLE V. PLANNING
Sec. 1. Purpose and Intent.
The city council shall establish comprehensive planning as a continuous
governmental function in order to guide, regulate, and manage future development
and redevelopment within the corporate limits and extraterritorial jurisdiction of the
city to assure the most appropriate and beneficial use of land, water and other
natural resources, consistent with the public interest.
Sec. 2. Organization of Planning Commission.
A planning commission is hereby established which shall consist of nine registered
voters of the city. The members of the commission shall be appointed by the city
council for staggered terms of three years. The commission shall elect a chairperson
from among its membership each year at the first regular meeting in August and
shall meet not less than once each month. Any vacancy in an unexpired term shall
be filled by the city council for the remainder of the term.
Sec. 3. Power and Duties of Planning Commission.
(a) The planning commission shall: Reviews and make recommendations to the
city council regarding the adoption and implementation of a comprehensive plan,
any element or portion thereof, and any amendments thereto; Review and make
recommendations to the city council on all proposals to adopt or amend land
development regulations for the purpose of establishing consistency with the
comprehensive plan; Monitor and oversee the effectiveness of the
comprehensive plan, review and make recommendations to the council on any
amendments to the plan, and forward to the council comprehensive updates to the
plan at least once every five years; (4) Review and make recommendations to the
city council regarding zoning or zoning changes in a manner to insure the
consistency of any such zoning or changes in zoning with the adopted
comprehensive plan; Exercise control over platting and subdividing land within
the corporate limits and the extraterritorial jurisdiction of the city in a manner to
insure the consistency of any such plans with the adopted comprehensive plan; and
Review and make recommendations to the city council on the city's annual
budget and any capital improvement bond program.
(b) The departments of the city government shall cooperate with the planning
commission in furnishing it such information as is necessary in relation to its work.
(c) The commission shall be responsible to and act as an advisory body to the
council and such additional duties and exercise such, additional powers as may be
prescribed by ordinance of the council.
Sec. 4. The Comprehensive Plan.
The city council shall adopt by ordinance a comprehensive plan, which shall
constitute the master and general plan of the city. The comprehensive plan shall
contain the city's policies for growth, development and aesthetics for the land within
the corporate limits and the extraterritorial jurisdiction of the city, or for portions
thereof, including neighborhood, community and, area -wide plans. The
comprehensive plan shall include the following elements: (1) A future land -use
element; 2 An annexation element; A transportation element; An economic
development, element; A public services and facilities element, which shall
include a capital improvement program; A conservation and environmental
resources element; and Any other element the city council may deem necessary
or desirable in order to further the above objectives.
Each element of the comprehensive plan shall include policies for its implementation
and shall be implemented, in part, by the adoption and enforcement of appropriate
land development regulations and other ordinances, policies and programs.
After at least one public hearing, the planning commission shall forward the
proposed comprehensive plan, or element or portion thereof, to the city manager,
who shall submit such plan, or element or portion thereof, to the city council with
his or her recommendations. The city council may adopt, or adopt with changes or
amendments, the proposed comprehensive plan, or element or portion thereof, after
at least one public hearing. The city council shall act on the plan, or element or
portion thereof, within sixty days following its submission by the city manager. If
the plan should be rejected by the council, it shall, with policy directions to the
commission, return the plan to the planning commission which may reconsider the
plan and forward it to the city manager for submission to the council in the same
manner as originally provided. All amendments to the comprehensive plan
recommended by the planning commission shall be forwarded to the city manager
and shall be subject to review and adoption in the same manner as for the original
adoption of the comprehensive plan as set forth in this section.
Sec. S. Legal Effect of Comprehensive Plan.
All city improvements, ordinances and regulations, shall be consistent with the
comprehensive plan. In the case of a proposed deviation to the adopted plan, or any
element or portion thereof, the planning commission shall communicate its
recommendations to the council which may approve or disapprove such deviation.
Sec. 6. Platting Property.
The city shall not pay for the property used for streets and alleys within any
subdivision, but the same shall, when platted, be dedicated to such use and shall
become the property of the city and shall be maintained as such. The city shall not
grant any permit to construct or enlarge any house or structure within the city until
a plat shall be approved and filed.
MINUTES
REGULAR PLANNING COMMISSION MEETING
IN
Council Chambers- City Hall
Wednesday - January 9, 2008
5 :30 P.M.
COMMISSIONERS:
R. Bryan Stone, Chairman
Rudy Garza, Vice Chairman
A. Javier Huerta
James Skrobarczyk
John C. Tamez
Johnny Martinez
artine
Evon J. Kelly
Govind Nadkarni
David Loeb
ABSENCES:
NONE
STAFF:
Bob Nix, AICP, Assistant City Tanager Development
Services
Johnny Perales, PE, Deputy Director Development
Services Special Services
Robert Payne, AICP, Senior City Planner
Miguel S. Saldafia, AICP, Senior City Planner
Mic Raasch, AICP, City Planner
Shannon Murphy, AICP, City Planner
Wes Vardeman, City Planner
Dan McGinn, Project Manager
Andrew Dimas, Intern
Gary Smith, Assistant City Attorney
Yvette Aguilar, Assistant City Attorney
Beverly Lang - Priestley, Recording Secretary
Si used quiere dirigirse a la comision y su ingl s es limitadc, habra un interprete de espy of a ingl s en la
junta pars ayudarle
I. CALL TO ORDER
A quorum was declared and the meeting was called to order at 5 :33 p.m.
B. REZONING
G
1. Tabled Rezoning
a. Scott Electric Co., Inc.: A change of zoning from a
"R-1B" B" One Family Dwelling District to an "I -2" Light Industrial
District resulting in a change of land use from residential to light
industrial
Shoreline Park Addition, Lots 9 through 11, Block 8, located on
Dempsey Street, approximately 100 feet west of N. Port Ave.
Wes Vardeman presented the above case via Power Point, stating the case was originally presented to
the Planning Commission on December 12, 2007, and was tabled at that time with a request for the applicant
to meet with the neighborhood. The subject property is located along the north side of Dempsey Street,
approximately 100 feet west of Port Avenue and is currently zoned "R-1B" " One - family Dwelling District and
the applicant is requesting an ' +1 -2" Light Industrial District. The site has recently been cleared of several
structures with one remaining to be removed prior to the construction of an improved parking lot surface,
fence and landscape area. Mr. Vardeman stated that ninety -one (91) notices were originally mailed to
property owners with 200 feet of the subject property; As a courtesy, an additional ninety -one (91) courtesy
notices were mailed to residents listed on a document provided by residents at the December l2` Planning
Commission meeting: Mr. Vardeman stated that the resulting mailing list will be used in the future for the
Hillcrest neighborhood.
Planning Commission Minutes
January 9, 2008
Page 2
The applicant, Mr. Williams of the Hlllerest Neighborhood interest group and Wes Vardeman
met on December 28, 2007, to discuss conditions for the property that would protect the neighborhood for
the proposed vehicle storage yard. Staff recommends denial of an "1 -2" Light Industrial District and, in
lieu thereof, a Special Permit to allow for the construction and operation of an outdoor vehicle storage
yard subject to a site plan and the following six (6) conditions:
1.) Uses: The uses permitted by the Special Permit other than those uses permitted by right in the
"B-4" General Business District is the outdoor storage of company and/or employee vehicles only.
2.) Landscape Strip :, A ten (10) foot wide visual landscape strip shall be installed and maintained
running parallel to, in front of, and the distance of the required six (6) standard screening fence.
3.) Screening Fence: A six (6) foot standard screening fence shall be installed and maintained to
provide a visual barrier between the vehicular storage yard and surrounding neighborhood.
4.) fighting: All security lighting must be shielded and directed away from adjacent residences and
nearby streets. Cutoff shields required for all lighting. No light projection permitted beyond the
property line near all public roadways and residential development.
5.) Hours of Operation: The hours of operation for the storage yard shall be limited to 6 :00 AM
through 9 :00 PM Monday through Friday.
6.) Time imit: Such Special Permit shall be deemed to have expired within twelve 12 months from the
date of this ordinance, unless the property is being used in Condition #1 and in compliance with all other
conditions.
In response to Commissioner Nadl arni, Mr. Vardeman stated staff and applicant met with the
Hlllerest neighborhood residents, not the Washington Coles residents.
Motion to reopen the public hearting was made by Commissioner Nadkarni and seconded by
Commissioner Huerta. Motion passed unanimously.
Lamont Taylor, 1701 Stillman, Corpus Christi, Texas, came forward representing the Hillcrest
Neighborhood Association, stating that Mr. Vardeman and the applicant did meet with the Hlllerest
neighborhood. Mr. Taylor stated that the neighborhood's concern is encroachment upon the
neighborhood by surrounding businesses. Mr. Taylor stated the neighborhood association realizes that
the property belongs to Scott Electric property and they have the right to do what they want with their
property, however, the neighborhood also realizes they have the right to protect and maintain their
neighborhood. Mr. Taylor stated the neighborhood association supports the Special Permit with the six
conditions worked out with Scott Electric.
Public hearing was closed.
Motion for denial of an "1 -2" Light Industrial District and, in lieu thereof, a Special Permit and the
six (6) conditions was made by Commissioner Nadkarni and seconded by Commissioner Martinez.
Motion passed unanimously.
H:\PLN-D IR \S HARE D \WORD\ LANNING COM MI I N\MINUTE S \2008 \O 1 -09-0 MINUTE .I
p(.4t, ne-t rv.,....kr t.
v.- CZ-CZ a--1".01:52G-t•-;
Page 1 of 4
AN ORDINANCE
AMENDING ING THE ZONING ORDINANCE, UPON APPLICATION
BY SCOTT ELECTRIC CO. INC., BY CHANGING THE ZONING MAP IN
REFERENCE TO SHORELINE PARK ADDITION, LOTS 9 THROUGH
II,. BLOCK 8, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT TO
'i _ !s
" R P" DINE -FAMIL WITH DISTRICT ITH A SPECIAL
PERMIT TO ALLOW FOR CONSTRUCTION UCTION AND OPERATION OF AN
OUTDOOR
VEHICLE STORAGE YARD, SUBJECT TO A SITE PLAN
AND SIX
CONDITIONS; AMENDING THE COMPREHENSIVE PLAN
TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING ING A REPEALER CLAUSE;
PROVIDING G 1 PENALTY; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
concerning the application of Scott Electric Co., Inc., for amendment
recommendations �
to the City of Corpus Christi Zoning Ordinance and Zoning Map;
proper notice to the public, public hearings were held on Wednesday,
WHEREAS, with � �
Decemher 12, 2007, January Janua 2008 durin meetings of the Planning Cor mission,
and on Tuesday, February
19 2008, during a meeting of the City Council, in the Council
i Hall, in the City of Corpus Christi, during which all interested persons
Chambers, at City a � �
were allowed to appear and be heard; and
WHEREAS, City EAS the C Council has determined that this amendment would best serve
` necessity, and convenience and the general welfare of the City of Corpus
public health,
Christi and its citizens.
NOW, THEREFORE,
IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the
zoning on Shoreline Park Addition, Lots 9 through 'I1 , Block
8, ran se Street, approximately 100 feet west of I . Port Avenue, from
located on Dempsey � pp
" -- Dwelling District to "RAMP" One- family Dwelling District with a
1 One -family
Special Permit to allow for the construction and operation of an outdoor vehicle storage
yard, subject to a
site plan, attached, and six conditions. (Zoning Map 046045)
(Exhibit)
SECTION 2. That
the Special Permit granted in Section 1 of this ordinance is subject to
the following six conditions:
. less. The uses by permitted l the Special Permit other than those uses permitted
'l
by right in the "R -1" One-family Dwelling District is the outdoor storage of
�
company and/or employee vehicles only.
E- ALE -DIRk ha dl ar Slagendal 20081 -191 ORS] - oning1 07 -01 -S ottEI tr1 - pe ia1 permit.doc
Page 2 of 4
2. Landscape Stri': A ten (10) foot wide visual landscape strip shall be installed
and maintained running arallel to, in front of, and the distance of the required six
(6) foot standard screening fence.
3. S re r fng Fen cg;. A six foot standard screening fence shall be installed and
maintained to provide a visual barrier between the vehicular storage yard and
surrounding neighborhood.
4. Lighting: All security lighting must be shielded and directed away from adjacent
residences and nearby streets. Cutoff shields required for all lighting. No light
projection permitted beyond the property line near all public roadways and
residential development.
5. flp!1ssf Operation: The hours of operation for the storage yard shall be limited
to 6:00 AM to 9:00 PM Monday through Friday.
6. Time Limit: Such Special Permit shall be deemed to have expired within twelve
(12) months from the date of this ordinance, unless the property is being used in
Condition #1 and in compliance with all other conditions.
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION . That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan: the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION . That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION , That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 9. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
H:\LE - DIRIShared \Garyslagenda1200 1 -1 MORD- onin l 207-01 -Scott Electri - special permit.tfoc
Page 3 of
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this 19th day of February, 2008.
ATTEST:
Armando Chapa
City Secretary
APPROVED: February 8, 2008
Ga I1 Smith
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor, City of Corpus Christi
FIALE -D1 1 ar d I agenda‘200 V-190 D- oningI 7 -Oi- OttE1 hn -SPB i l permit.doc
Page 4 of 4
Corpus Christi, Texas
day of _ , 2008
TO THE MEMBERS OF THE CITY COUNCIL
C�tpii Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting on ordinances at two regular meetings. Ire, therefore, request that you
is introduced, end said Charter rule and pass this ordinance finally on the date it s ntroduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli ondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M Cut hon .-
H : \LE -D1 \Shared1 afy 1agendelloO8\2 -19\ D- zoningl 07 -01- cott aactrlo -speel l pe it.doc
co
C)
C)
Vehicular
LEXINGTON
Lot 12 - "R-1B"
Vacant Lot
Not Owned by Scott Electric
Lot 1 -- "R -1B"
Multi-Family Dwelling
Not ned by Scott Electric
FUTURE WAREHOUSE
PORT
OLD OFFICE
BUILDING
ri(Avi 1)07-0 I
�4
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY SCOTT ELECTRIC CO., INC., BY CHANGING THE ZONING MAP IN
REFERENCE TO SHORELINE PARK ADDITION, LOTS 9 THROUGH
BLOCK 8, FROM "R-1B" ONE-FAMILY WELLING DISTRICT TO
"1-2" .LIGHT INDUSTRIAL I1 L DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
IATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A
REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING II ING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS,
the Planning Commission has forwarded to the City Council its reports and
recommendations endations on ernin the application of Scott Electric Co., Inc., for amendment
to the City of Corpus Christi Zoning Ordinance and Zoning Map;
with proper notice to the public, public hearings were held on Wednesday,
WHEREAS, p �
December 12, 2007, January , 200 8, during meetings of the Planning Commission,
Tuesday, February 1 200 8, during a meeting of the City Council, in the Council
and on �` t ry
h mt ers at City Hall, in the City of Corpus Christi, during which all interested persons
� ty a t
were allowed to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
�i health, necessity, convenience and the general welfare of the City of Corpus
public tyx
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS :.
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Shoreline Park Addition, Lots 9 through 11 , Block
8, located o n Dempsey Street , approximately 100 feet west of I. Port Avenue, from m "1_
1 B" One-family Dwelling District to "1 -2" Light Industrial District. (Zoning Map 046045)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended
to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION
3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as
changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
1 : LEG•Di 1Shar dlGary la ends 1200812 -'l \o D- zonin 1207- 01- ScottElectric -re .doc
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1-6 of the City Code of
Ordinances.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this 19th day of February, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: February 8, 2008
AWL_
Gary Smith
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor, City of Corpus Christi
H:1L -DIF 1 haredl ary lagenda1200 12- 1910I" D- ring1207- 1- octt lectri - reg.doc
Page 3 of 3
Corpus Christi, Texas
day of , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett - - --
Melody Cooper
Larry Elizondo, Sr. - -�
Mike Huns ell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon - --
ALEG- DIR \Sk aredhGarySiagenda1200812 -1 \GF - zoning1207 -o1- cottEtectri reg.doo
ck:u!
Tit
1
11
PRESENTATION
AGENDA ITEM:
STAFF PRESENTER(S):
Name _. Tj1e/Position Department
1. Cynthia C. Garcia Director of Human Resources Human Resources
2.
3.
OUTSIDE PRESENTER(S):
Name Title/Position . Organization
I . Richard Easley Senior Consultant Hay Group
2.
ISSUE:
The City's contract with the current Third Party Administrator (Humana) will
terminate on 8 -1 -2008 for health plan administration, stop doss insurance,
pharmacy benefits, Provider Network, dental administration and related
ancillary services. In October 2407 the City hired a consulting firm, Hay
Group, to advise and assist the City with the Health Plan RFP creation,
process, evaluation and recommendation phases for this project. An RFP for
health plan services was released in December 2007.
BACKGROUND:
The City entered into an Agreement with Humana for Third Party
Administration services on 8-01-2003. The bid and evaluation process for this
service is lengthy and time sensitive. Contracted services for our self-funded
health plans have a direct link to total plan costs and cost containment
efforts. Health benefits is a major expense in budget preparations. These
expenses, and how well we manage them, drive and dictate budget allocations
that effect every department within the City.
REQUIRED COUNCIL ACTION: None
ATTACHMENTS:
Powerpoint
Cyn is C. Garcia
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